[Oberon]

The problem with his contract theory is it breaksdown if I do not buy something (enter into a contract).

Under that line of reasoning, you can readily refuse receipt verification provided the bag you're walking out with was actually stolen from someone else. =]

[MindBender26]

>>>>The problem with his contract theory is it breaksdown if I do not buy something (enter into a contract).

The contract did not involve the sale. The contract in questioned involved the potential purchaser’s conditioned prividge of entering into private property.

(Thank you, Your Honor!)

[Starwolf]

Under that line of reasoning, you can readily refuse receipt verification provided the bag you're walking out with was actually stolen from someone else. =]

My comment was based on the novel interpretation of the UCC being bandied about, which would not support the checking of purses, boxes etc if nothing was bought in that location. Its one of many reasons the UCC theory being espoused does not hold water. Merchants rights WRT to shoplifting derives from the common law concept of shopkeepers privilege, which allows a merchant to detain a potential shoplifter for a reasonable amount of time wait for the police to arrive.

Shopkeepers Privilege requires probable cause for being invoked. Any professional LPS will tell you that refusing a receipt check does not qualify as PC.