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To: Starwolf
Since the bag search is post consideration it can be considered post contract.

Many elements of a contract are post consideration. An agreement for delivery or warranty service are post consideration but fully enforceable.

- Since it is not imposed uniformly, it may be considered outside of the contract

While some degree of consistency may be required to establish policy, the vendor is free to waive his rights if he so chooses.

- Since it is not an explicit part of negotiations (posted signs may not be considered part of the contract) there is no agreement to search in the contract.

Again the store is free to set terms and conditions of a sale and establish their method of business. I consider it advisable to clearly post those terms but if their business model requires an exit check, they are free to require it. If you object to any part of the transaction, it is up to you to raise the issue and negotiate. Posted signs are part of the contract. Joe Grocer is free to put a sign up that says "10% will be added to the bill of all ugly people" I can argue that my ugly is only worth an extra 5% but unless I bring it up, I am going to pay an extra 10%.

188 posted on 09/04/2007 12:50:47 AM PDT by MARTIAL MONK
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To: MARTIAL MONK

from the story writer’s own post and link to the law:

“2921.29 Failure to disclose personal information.
(A) No person who is in a public place shall refuse to disclose the person’s name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:

(1) The person is committing, has committed, or is about to commit a criminal offense.”

It seems to me that the police officer, due to the call to come to the store and his observations upon arriving, had reasonable suspicion this was a shoplifting incident and requested the ID from the alledged shoplifter. It appears he asked for the ID (in this case a driver’s license) in order to verify the man’s actual identity.


189 posted on 09/04/2007 1:18:29 AM PDT by crazyshrink
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To: MARTIAL MONK
>>>>Posted signs may not be considered part of the contract

They certainly may.

“All sales final”
“No returns without receipt”
“No one under 18 admitted’
“No smoking”
“No firearms or weapons allowed”
“No dogs allowed other than guide dogs”
“Management reserves right to inspect all purses, briefcases and packages brought into store”
“All items left unclaimed for more than 45 days will be sold to cover cost of repairs”

195 posted on 09/04/2007 3:47:21 AM PDT by MindBender26 (Having my own CAR-15 in Vietnam meant never having to say I was sorry......)
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To: MARTIAL MONK

If a sign like that exists in Best Buy, one of the prime offenders, it must be somewhere the customers never go.


506 posted on 09/06/2007 10:40:20 AM PDT by Xenalyte (Can you count, suckas? I say the future is ours . . . if you can count.)
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