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Where did he agree to the seller's terms?
The seller wanted him to BUY the item not TAKE the item.
He wanted him to do both, just like at Denny's. (See below.)
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Originally Posted by SL__72
Wrong. Theft = dispossessing from the legal owner. Unless both the thief and the would-be seller can agree to terms of an exchange, the "seller" still owns the item.
They did agree. The seller made a public offer: "Take this lawn chair, mail me a check in 30 days." Those were the seller's conditions. His explicit expectation was that whoever took the lawn chair would mail him a megabuck check thereafter. Under voluntary exchange, he is entitled to impose those terms. The thief, in voluntarily taking possession of the lawn chair, gave constructive assent to the seller's terms
in the eyes of the law, because there is no other way he could legitimately do what he did.
Now the party who voluntarily accepted the property under an offer of sale is found by the seller and says, "Actually, since you were asking such an unreasonably large multiple of market value for your lawn chair, I have decided to construe my acceptance of it as theft rather than a purchase. Since I no longer have said item anyway, let's just save ourselves the trouble of going to court and having a judge rule that I owe you its market value (plus a few penalties) by you accepting this generous check for 3 times the market value of the lawn chair."
Last edited by Strawn; 05-06-2009 at 03:18 PM.