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| Re: On-Duty Metro-North Conductor Arrested (1445770) | |||
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Re: On-Duty Metro-North Conductor Arrested |
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Posted by Nilet on Sun Aug 6 20:37:08 2017, in response to Re: On-Duty Metro-North Conductor Arrested, posted by AlM on Sun Aug 6 19:34:58 2017. But they don't sell seats between GCT and 125 for the trains in question. It's not an offered product.The train stops at 125th. They sold you a ticket to 125th (or established a policy of selling tickets on board). They permitted you to board the train. Therefore, it is an offered product. If I have a restaurant, I am within my rights to demand you pay up front for two entrees before letting you in. However, if I seat you and serve you an appetizer, I am not permitted to then charge you for two entrees you never ordered. If I refuse to accept payment for just the appetizer, you are within your rights to walk out without paying. The idea that the appetizer I served you is "not an offered product" is absurd on its face. Try taking one of something out of a package of 4 at a supermarket and paying for it. (Even if doing so doesn't damage the value of the remaining 3.) OK, first of all, taking something out of a 4-pack generally renders the remaining 3 unsaleable since no one will buy an opened pack. Second, you're talking about a situation in which physical products are offered for sale and possession doesn't change until after the transaction is completed. You don't own the item until you've paid for it, and the store is within their rights to refuse the sale; if the store refuses the sale, you can't walk out with the product because you don't own it. The situation is different when you're talking about services paid for after they're rendered. A service that has been rendered to you is now "yours" because it can't be given back; you are thus obliged to pay for it. If you never had any intention of paying for it, that's theft of service. However, the person who rendered the service cannot expect payment for additional services not rendered; as noted, if I serve you an appetizer, I can't then charge you for two entrees you didn't order. |
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