Do You Open/Consume Items from a Store before Paying?

So Bilalwentwild's family seems like they open icecreams and eat from supermarkets before they pay for the items.

Just want to check if this is normal/ok?

What stops someone doing this then if security guard sees they'll pay, and if no one sees, they put the opened icecream box back onto the shelves? Risk free theft?

I was always taught to pay for something before I open/eat/use etc. I know some stores specifically mention not to open until payment and a lot of places have a process in place for people that is in a hurry to pay and open then go back into the store as the security guard will have a sticker to indicate the item has already been paid for.

FYI, no other countries do this.

Do you pay before you open?

Poll Options

  • 752
    Pay before use
  • 15
    Use and dont pay
  • 112
    Use before pay

Comments

  • It’s a bogan or parent thing. Not always, but most of the time from what I see.

  • Depends on the item. If you desperately needed band aid or tissue then it might be ok. But if you went into Coles and got yourself a pack of chips and you open it while you wait in line to pay for it…. holy shit how fat are you?

  • Depends on the store but as a rule I won't unless I have enough physical cash on me to pay for the item/s

  • -1

    I always try before I buy

  • Its not your house, Its not your property.
    Dont do it.

  • Yes I have done it this one time. Had a pretty sore throat and was lining up with the strepsils I needed to buy. Couldn't take the sore throat anymore so i had a strepsil and then paid for it eventually.

  • Surprised that no one has suggested visiting the deli and asking the server for free samples to taste. Could have a picnic and pay for nothing.

  • I've done it twice, when my adhd 2yo in a pram was trying to grab all the snacks, I opened a twisties and he settled down to eat it. And another time after I ate a particularly spicy Laksa, I went to Woolies next door and skulled half a Schweppes Creaming soda. I paid for them though, just warning that the self checkout will error as the weights are different so you ll have to wait for an attendant lol.

    But generally no.

  • I don't do it because I assume people will think the worst of me

  • I bet the premature munchers in supermarkets never considered the fact the supermarket can charge you any price they want at the checkout after you've consumed the food and you have to pay that price because it's not like you can put it back or return it.

    This is because the sale of goods requires a contract.

    You need offer, acceptance, capacity, intention and consideration for a valid contract.

    In supermarkets, contract formation goes like this:

    ADVERTISEMENT: (price displayed on shelves) An invitation to trade.

    OFFER: Buyer makes offer when they present the goods for purchase at point of payment.

    ACCEPTANCE: when shop accepts your offer: generally assumed when they input sale amount into cash register. If advertised price is incorrect, they can reject your offer and refuse to sell to you/withdraw item from sale.

    => this is why you can't munch before you pay.

    CONSIDERATION: the amount of money you promise to pay for the goods you have received. Usually given shortly after acceptance (when you pay), but before you leave shop.

    CAPACITY: supposed to be 18 before you can form a legally binding contract. Not often enforced in a lot of stores or kid could never buy a lollie, icecream, coke or duck up the road for a can of soup for mum while she's preparing dinner.

    INTENTION: intention to be legally bound.

    All this happens at point of sale in a supermarket.

    If you munch before you buy, you never made an offer capable of being accepted so no contract can exist until store accepts what price you offer for a good and there is no law saying consideration must be reasonable, in fact it explicitly states that consideration need not be reasonable.

    Ergo, that yoghurt which was advertised at $2 before your kid scoffed it may actually end up costing you $20.

    Bet you never thought of it like that, eh?

  • PREMATURE MUNCING IN NSW IS CAPTURED BY CRIMES ACT 1900 NSW DIVISION 5 Sections 116-118

    Muncher's NSW law specifically states you cannot eat the goodies EVEN IF YOU INTEND TO PAY.

    s116 Every larceny regardless of the value shall be treated the same. IE minor theft same as grand larceny.

    s117 punishment imprisonment for 5 years.

    s118 Intent to return property or eventually pay for it is not an available defence

    Ergo, premature munching in supermarkets really is a criminal offence in NSW even if you intend to pay eventually.

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