The Fat Controller
Well-Known Member
There's really no thought needed, no 'would I should I?'. If you do the right thing you can sleep easy at night.
Wow.... Then why did you even comment.I cannot see any difference between my post and post #14 in either content or context. Plus the after-the-event "I was going to return it anyway" doesn't ring true with the original post. I won't be commenting further, or partaking further, but I'm still not impressed.
Return itI went to a local retailer 2 weeks ago to buy the Mavic Pro Fly More Bundle as it was $200 off.
The sales rep came out with a big brown box and proceeded to cash me out.
While waiting I noticed the label on the box read: box contents - and listed all the fly more bundle items but did not list a mavic pro. I mentioned it to the sales rep. He looked at the box, left to the back and came out with a Mavic Pro in a white box.
So i take both home and to my suprise, I open the Fly more bundlebox and there is the white box with the mavic pro inside.
So... I now have a spare mavic pro sitting on my desk.
1. Should I return it?
2. Should I keep it for spare parts?
3. Should I sell it? - I worry about them tracing the mavic s/n back to the store and going after the buyer.
I'm normally a very honest man, but... ugg this is a tough one. The store screwed up, not me.?
What to do? Advice?
Well you said it, "at the time".Many people are assuming that the OP commits theft if he keeps the item. In UK law at least it is not quite so clear. For the offence to occur all elements of the offence must be proven I.e. Dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. There was no dishonesty at the time and no appropriation - the store handed it over willingly and without coercion. Theft, therefore, hasn’t occurred. There is a moral issue, of course, but in my view no obligation in law.
Well you said it, "at the time".
But once the discovery was made that the property was transferred to another without the owners knowledge or consent the story has changed. The owner now has a right to his property, and if the receiving party withholds it and says, too bad so sad, he is stealing it. He has obtained it without giving consideration to the rightful owner. It is not his right to keep it because someone made a mistake. He intends to keep what he did not lawfully obtain,and deprive the owner of his property. Theft.
So it is pretty easy to understand.
I went to a local retailer 2 weeks ago to buy the Mavic Pro Fly More Bundle as it was $200 off.
The sales rep came out with a big brown box and proceeded to cash me out.
While waiting I noticed the label on the box read: box contents - and listed all the fly more bundle items but did not list a mavic pro. I mentioned it to the sales rep. He looked at the box, left to the back and came out with a Mavic Pro in a white box.
So i take both home and to my suprise, I open the Fly more bundlebox and there is the white box with the mavic pro inside.
So... I now have a spare mavic pro sitting on my desk.
1. Should I return it?
2. Should I keep it for spare parts?
3. Should I sell it? - I worry about them tracing the mavic s/n back to the store and going after the buyer.
I'm normally a very honest man, but... ugg this is a tough one. The store screwed up, not me.?
What to do? Advice?
It’s a civil remedy - ‘making off without payment’ was created to deal with the issue of appropriation in a petrol station where an attendant puts fuel in the vehicle then makes off. No appropriation so not theft. When the OP realised he had it then yes he should return it and the rights of ownership always lies with the original owner but does not make the OP a thief.
The store's insurance will cover it
Haha wow. I posted this question out of curiosity, to see what people would say and I'm extremely impressed by the response. I had no intention of ever keeping it. I returned the drone today. . The best buy manager was absolutely taken a back by my honesty. Got a free computer monitor which I needed and a $50 gift card.
Surely in the UK if a bank deposits a million dollars into your account accidentally, you can't just go and spend it?Many people are assuming that the OP commits theft if he keeps the item. In UK law at least it is not quite so clear. For the offence to occur all elements of the offence must be proven I.e. Dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. There was no dishonesty at the time and no appropriation - the store handed it over willingly and without coercion. Theft, therefore, hasn’t occurred. There is a moral issue, of course, but in my view no obligation in law.
Surely in the UK if a bank deposits a million dollars into your account accidentally, you can't just go and spend it?
The criminal charges were dropped in that case, but the Supreme Court made orders for forfeiture of property to recover the money. She wasn't allowed to keep what the bank accidentally put in her account.In Australia, a banking error allowed a foreign student to spend millions of dollars using overdraft. She returned some items and she tried to leave the country but they charged her with various things. Eventually charges were dropped.
Charges against Christine Lee for $4.6 million Westpac overdraft dropped
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