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Sat 26 Mar, 2005 02:41 pm
Ok, while on a vacation with some friends, we came across an interesting situation that we bounced back and forth between us for a while. I figured I'd share and see what you all think:
You're in a state that doesn't allow for the sale of alcohol on Sundays.
Its now 1:00am on Sunday, and you want to buy beer at the local stop 'n shop (7-11, whatever).
The beer costs $10.
Would you be breaking the law if you walked in, took a 6-pack, and on your way out left a $20 bill on the countertop (or just gave it directly to the employee on your way out) to pay for the beer?
So far, the consensus among my friends is that you would be technically breaking the law, but there would be no damages since you would be giving an extra $10, so at most the police (if they were called or you were busted) would make you return the brews and there would be no reason to arrest/prosecute.
Any takers?
So what is the clerk supposed to do? Put the money in the register w/o ringing anything up? Can't do that, things won't balance at the end of the shift. Put the money in his pocket? Can't do that; that would be stealing from the company. Ring it up as bread and soda? Now you want the clerk to falsify things for your sake.
Your idea of leaving money on the counter may work well for you, but all it really does is shift the burden of dishonesty to someone else.
Yeah, the one who gets nailed is the clerk, since it's illegal to sell it to you and as long as he takes the money in exchange for the beer then he sold it to you. If you just stole it, the clerk is off the hook, but you're guilty of shoplifting.
You would be in violation of the Alcohol Control, the Retail Sales, and the Retail Theft laws of the state in question, and be subject to arrest and prosecution under all, regardless the action of the clerk. Depending on the clerk's action relevant to your illegal activity, the clerk would or would not be subject to same or to some combination thereof.
Yes. You would be breaking the law.
Whether or not you care about that or feel morally justified is another issue.
Quite true. You need to carefully read the legislation that covers this situation. "Sale" may well include a whole range of concepts such as "supply" and its synonyms. It's entirely possible that supply itself is prohibited and may not even require financial consideration (using contract law as a template).
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