Checking warranty legislation

Discussion in 'Australian Motorcycles' started by Doctor Shifty, Jan 5, 2009.

  1. Doctor Shifty

    jl Guest

    No you don't. It's an unenforceable unilateral contract.Lack of
    consideration and lack of intention to contract.

    Yeebok has no legal legs to stand on requesting something in exchange
    for giving up a right he doesn't possess - the right is the opposite way
    - Coles etc have no right to search you or your possessions. They can't
    obtain that right without your permission and their silly little sign
    doesn't give it to them.

    They can ask you not to leave while the police arrive to perform a
    search but they have no right to detain you pending their arrival.

    If you choose to refuse to open your bag and walk off the only thing
    they can do is call the cops who can arrest you on suspicion of
    shoplifting and they of course *do* have the right to search you (and
    detain you for questioning).


    JL
    This is true for NSW, other states may have other laws, this isn't legal
    advice and should not be relied on to get you off the hook - your
    circumstances may differ from the generic example above
     
    jl, Jan 8, 2009
    #21
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  2. Doctor Shifty

    jl Guest

    X-Archive=no in the headers
     
    jl, Jan 8, 2009
    #22
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  3. Doctor Shifty

    F Murtz Guest

    So why would GP put this in the header knowing no one could read the post
     
    F Murtz, Jan 8, 2009
    #23
  4. Doctor Shifty

    jl Guest

    Shrug NFI - but he's not the only one doing it

    And btw sorry that should be
    X-No-Archive = yes

    in the headers

    GB - why are you no archiving your posts ?

    JL
     
    jl, Jan 8, 2009
    #24
  5. Doctor Shifty

    G-S Guest

    They get sneaky sometimes... they refuse to take your money until you
    allow the bag search. Then you can't leave because you would be leaving
    with unpaid for goods.

    The response to that of course is to empty their stuff out on the
    counter and walk out...


    G-S
     
    G-S, Jan 8, 2009
    #25
  6. Doctor Shifty

    GB Guest

    Because your newsreader is playing up, and misinterpreting
    the "X-No-Archive: yes" header that my newsreader is setting
    when I post.

    He wouldn't, and neither would I. If your newsreader is claiming
    that my posts are expired before you've even read them, then your
    newsreader is broken.

    Lots of people do it. Google actually *suggest* that you do it,
    in certain circumstances. (Then they turn around and get downright
    rude about it in the way they represent the post in groups.google.com,
    wankers).

    X-No-Archive: yes

    I am archiving my posts. The X-No-Archive: header says that I
    don't want others to archive my posts. Call it an exercise in
    minimising, insofar as is reasonably possible, the number of
    things that might come back to bite in future lives.

    FFR, see: <http://en.wikipedia.org/wiki/X-No-Archive> and
    <http://groups.google.com/support/bin/answer.py?hl=en&answer=46487>


    GB
     
    GB, Jan 8, 2009
    #26
  7. Doctor Shifty

    Nev.. Guest

    Is this just a hypothetical sometimes or what? When does this ever
    happen? OK I rarely walk into shops with a bag, but I can't imagine
    that there are checkout chicks out there who are budding lawyers trying
    to trap innocent people with bags.
    I would have thought their refusal to accept payment would put a tick in
    the consideration box and everyone would go on their way. Free stuff is
    good.

    Nev..
    '07 XB12X
    '08 DL1000K8
     
    Nev.., Jan 8, 2009
    #27
  8. Doctor Shifty

    JL Guest

    ;-) I'd be surprised if there weren't any number of "bush lawyers"
    manning check-outs
    Naah unfortunately there's case law on that.

    Basically the price on the shelf is an "invitation to treat" and when
    you walk up to the checkout you're offering to buy it, (not accepting
    their offer as most people assume). Hence they have every right to
    refuse to accept your offer - same as I can offer you $3.50 and a kick
    in the nuts (1) for your new Strom, but you don't have to accept it.

    JL
    1 Assuming I can reach them - might have to be a kick in the knees :)
     
    JL, Jan 8, 2009
    #28
  9. Doctor Shifty

    JL Guest

    I've never had it happen to me - usually they back down when I tell
    them to sod off but yes that is the only legal valid response to that
    scenario.

    JL
     
    JL, Jan 8, 2009
    #29
  10. Doctor Shifty

    G-S Guest

    In my (limited) experience it required a snippy supervisor and a night
    security guard who thinks they can exceed their authority by just
    ordering someone to do something.
    Nope (as JL already pointed out).

    But you do have the option to leave the stuff at the counter as I
    already mentioned.


    G-S
     
    G-S, Jan 9, 2009
    #30
  11. Doctor Shifty

    G-S Guest

    It happened to me once, it was about 2am in the western suburbs of
    Melbourne and I was dressed in grotty, wet rained upon leather riding gear.

    I think they thought I was some sort of 'bikie criminal... eeek'.

    I OTOH thought they were wasting my time when I was already pissed off
    and wet and cold (not a condition in which I suffer idiots gladly).


    G-S
     
    G-S, Jan 9, 2009
    #31
  12. Doctor Shifty

    GB Guest

    Oh shut up big!


    GB
     
    GB, Jan 9, 2009
    #32
  13. Doctor Shifty

    GB Guest

    I don't think I've *ever* been in a situation where something
    I wanted to purchase from a supermarket (for example) was
    something I couldn't live without. Leaving the stuff and walking
    away is a perfectly viable approach.


    GB
     
    GB, Jan 9, 2009
    #33
  14. Doctor Shifty

    Nev.. Guest

    Why not just show them your bag and save yourself the from the anxiety,
    stress, heartache or whatever reaction it is that you have?

    Nev..
    '07 XB12X
    '08 DL1000K8
     
    Nev.., Jan 10, 2009
    #34
  15. Doctor Shifty

    bikerbetty Guest

    I tend to agree... I like to choose my battles, and I can think of others I
    would rather fight. I happily show my bag and they don't really even look in
    it - a cursory glance and that's it... I suspect the very action of opening
    your bag and slowing down as you walk past them puts them in a happy and
    secure frame of mind...

    betty
    did I just sort of agree with Nev? <snigger>
     
    bikerbetty, Jan 10, 2009
    #35
  16. Doctor Shifty

    Boxer Guest


    I have been trying to show them my bags for years, I was locked up for it
    the last time.

    Boxer
     
    Boxer, Jan 10, 2009
    #36
  17. Doctor Shifty

    GB Guest

    That's a slippery slope you've started down betty!


    GB
     
    GB, Jan 10, 2009
    #37
  18. Doctor Shifty

    GB Guest

    You're a bad man Boxer.


    I nearly choked the day I was wandering in a shopping centre with a
    mate and, whilst well out of earshot I caught sight of him standing
    before a 'security' guard at the front of a store, holding his
    backpack by its handle up high in the air, twirling it around a
    foot from the 'guard''s face. The 'guard' had a rather... uhm...
    confuzzled look on his face. He knew full well what was going on,
    but technically my friend had complied... :-D


    GB
     
    GB, Jan 10, 2009
    #38
  19. Doctor Shifty

    Yeebok Guest

    Boxer wrote:
    Hehe .. very droll, Boxer :)
     
    Yeebok, Jan 10, 2009
    #39
  20. Doctor Shifty

    G-S Guest

    I wasn't anxious, stressed or suffering from heartache (where'd that
    last one come from?) I was tired, wet and in a hurry.

    The security guard's attempt to make himself look like a 'big man taking
    on the biker in front of the checkout chick (and maybe get some brownie
    points with the snippy supervisor)' was simply making me pissed off.

    He created the situation expecting *shrug*.



    G-S
     
    G-S, Jan 11, 2009
    #40
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