Please, let’s not play lawyer. Where is it law that the MUTCD must be adhered to on private property? Where are the proposed plaintiff’s damages. Comment is BS
2. The merchant not only has to overcome the burden of proof regarding the transaction at the register, there is also the UCC to contend with, which if the merchant poses stipulative rules above and beyond the UCC, might be infringing upon the intent of state law authorizing the UCC.
Merchant was fine demanding to see receipt. Merchant was on shaky ground detaining/arresting (yes, it was an arrest. Shopper was told he could not leave and physical action was taken to prevent him from doing so) shopper once he had left the store.
Law gives store right to take reasonable steps to ensure shoplifting/theft has not occurred, but if they accuse publicly, they had better be right.
Shopper had great case going until he began to look like loonie for failing to show ID.
It’s amazing how all the codes tend to dovetail into one another and some conflict with one another. Many such codes have been given authority by local ordinances.
There are a litany of issues and interests at play in this type of situation. Just because some codes are not applicable in private, doesn’t mean statutory law is inapplicable.