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- From: tzs@carson.u.washington.edu (Tim Smith)
- Newsgroups: misc.consumers
- Subject: Re: Legal Tender???
- Message-ID: <1992Dec14.041348.11025@u.washington.edu>
- Date: 14 Dec 92 04:13:48 GMT
- References: <1992Dec11.171413.11631@porthos.cc.bellcore.com> <adams.724105936@spssig>
- Sender: news@u.washington.edu (USENET News System)
- Distribution: usa
- Organization: University of Washington School of Law, Class of '95
- Lines: 42
-
- In article <adams.724105936@spssig> adams@spss.com (Steve Adams) writes:
- >If the sign is visible, then their offer is contingent on you paying for
- >the gas with a $20 or smaller. If you pump the gas after seeing this sign,
- >you've accepted the offer and agreed to the terms (ie gas for $1.10/gallon,
- >no bills larger than $20). Trying to pay with a larger bill in this case
- >could well get you in trouble...
-
- Well, I'm not going to try this, but if you really want to pay with a
- large bill, maybe you could try this:
-
- 1. Pump the gas, thereby accepting their offer to sell you
- gas at the stated price.
-
- 2. Try to pay with a large bill.
-
- 3. When they refuse and point to the sign, give them your
- name and address, and tell them you are breaching the contract.
-
- 4. When they call the police, explain to the officer that you
- are not stealing gas, you are simply breaching a contract. This
- is a civil matter, not a criminal matter -- if the gas station
- wants you to pay, they will have to sue you for breach of
- contract.
-
- 5. When (if!) the cop leaves, point out to the gas station
- person that the expected remedy for a breach of contract in
- a case like this would be monetary damages equal to the value
- of the gas. There are no attorney fees or punitive damages, so
- the best that they can hope for is to force you to write them
- a check for the exact amount of the sale. This is probably
- less than their attorney fees. Perhaps they will reconsider
- and let you pay with that large bill.
-
- The above is not legal advice. Try at your own risk!
-
- Also, you might have to watch out for step six:
-
- 6. Gas station person takes the large bill, and then tells you
- that the price went up, and there is no change due! If you
- want your change back, *you* can sue for breach of contract!
-
- --Tim Smith
-