Petrol at 14.9c a litre in Riwaka

[Postie]

listening to Talk radio this morning, they had some CEO of consumer rights or some shit.
I'll admit that i was wrong in my previous posts.
Anyway he said that it is theft if the people took the fuel with the knowledge that the mistake had been made. Also because people were going back to fill up there cans with fuel was effectively theft. But if someone filled up and paid and didn't realise that they got a bargain, then they were not acting illegally as it was a legitimate mistake. And apparently the police have some card numbers and may be looking at criminal theft charges. I still don't agree with it, but that’s the law according to the CEO of consumers act or what ever he was.

[ManDownUnder]

I asked about (a few lawyer types) and apparently if you KNOWINGLY enter into an unfair/lopsided/advantageous contract where the advantage is conferred through unfair means (mistake, duress etc) there are remedies available to to party that lost money - where ordinarily they would not have.

The fun part is going to be proving which people entered into the contract knowingly vs those who did it unknowingly...

... and the moral question then comes up - if you DID do it unknowingly, and found out afterwards do you have to pay the extra?

MDU

[Indiana_Jones]

"BANK ERROR IN YOUR FAVOUR. COLLECT $200"

-Indy

[Postie]

"BANK ERROR IN YOUR FAVOUR. COLLECT $200"

-Indy

and yet second prize in a beauty contest is only $10....

[Colapop]

It's all about intent. And these guys/gals (whoever) went in there a few times to fill up were acting with intent.

[Postie]

It's all about intent. And these guys/gals (whoever) went in there a few times to fill up were acting with intent.

i knew i would regret posting that shit.... how long are you gonna use that as your sig???

[Lou Girardin]

It's all about intent. And these guys/gals (whoever) went in there a few times to fill up were acting with intent.

Intent to do what?

Buy gas?

[ktulu]

listening to Talk radio this morning, they had some CEO of consumer rights or some shit.
I'll admit that i was wrong in my previous posts.
Anyway he said that it is theft if the people took the fuel with the knowledge that the mistake had been made. Also because people were going back to fill up there cans with fuel was effectively theft. But if someone filled up and paid and didn't realise that they got a bargain, then they were not acting illegally as it was a legitimate mistake. And apparently the police have some card numbers and may be looking at criminal theft charges. I still don't agree with it, but that’s the law according to the CEO of consumers act or what ever he was.

This is the part that I'd do.

"Oh I didn't check my reciept or look at the price on the pump I just filled up and went about my business" - thats a fair comment to make, thats what I normally do at the servo, don't check my bank accounts all that much.

They couldn't prove you knew.

You wind some and you lose some. In this case you won.

[WINJA]

IF I OWNED THE GASSY ACROSS THE ROAD I WOULD HAVE RUN A HOSE AND FILLED UP MY UNDERGROUND TANKS AND EMPTIED HIS AND CALL IT A BULK BUY DISCOUNT

[bugjuice]

IF I OWNED THE GASSY ACROSS THE ROAD I WOULD HAVE RUN A HOSE AND FILLED UP MY UNDERGROUND TANKS AND EMPTIED HIS AND CALL IT A BULK BUY DISCOUNT

fuk yeah.. Can't help if it's on sale. I'd buy it in good faith that it's .149¢ pl..

[kerryg]

Contractual Mistakes Act 1977:

Clause 6. Relief may be granted where mistake by one party is known to opposing party..
blah blah blah..here's a bit that seems applicable;
(where) the mistake resulted in a substantially unequal exchange of values..or in the conferment of a benefit..which was..substantially disproportionate to the consideration therefore

So if you knew the price was a mistake the gas station owner can come after you if he can be bothered

[Lou Girardin]

Contractual Mistakes Act 1977:

Clause 6. Relief may be granted where mistake by one party is known to opposing party..
blah blah blah..here's a bit that seems applicable;
(where) the mistake resulted in a substantially unequal exchange of values..or in the conferment of a benefit..which was..substantially disproportionate to the consideration therefore

So if you knew the price was a mistake the gas station owner can come after you if he can be bothered

Whish makes it a civil matter. Why are the Plods getting involved?
Business slow in Nelson?
All the burglars caught?

[Toast]

Yes it is. If a person is capable of driving a car then they have to be able to read. The argument that the pump price was inaccurate may be correct but that would apply if the person unintentionally filled up. The question (as in most cases) is intent. The intent to defraud the petrol station of goods ie. petrol by paying a lesser price than is normal is theft. The fact that they went back is proof of intent. Once is a mistake, twice is premeditated - requiring thought, thus intent (to defraud).
The reality is, I don't think they'll (The station owners) will push the issue too much. They probably made more sales from the publicity!!

In order to commit fraud, don't you have to make representations in some form or another for starters?

To my knowledge, people who realised it was a mistake and took advantage of it are almost certainly gonna get caught by the Contractual Mistakes Act if the Gassy Owner uses that (and apparently also criminally liable according to Postie/ZB which I didn't know)...but as far as fraud is concerned, I don't think the basic ingredients are there (can't spell them out as they're at the back of my mind somewhere but won't come out)

[pyrocam]

it was me filling up the barrells. I got about 400 Litres and paid $60.
but I bought a mars bar

[NordieBoy]

So they would have the option of returning the gas - yes?
It does sound more like a civil/contractual dispute rather than criminal.