Exchanging item in store - advice please on legal position

LilElvis

JPDL wrote: »

Thanks for your reply. I wasn't asking about handling stolen goods. I am doing some legal research and would like to know if anyone regards these actions as fraudulent as I cannot see they are as the shop has not made a loss. I was hoping for some feedback from others on this. Thanks again

Stop editing your opening post. It is extremely annoying as it makes it nearly impossible for anyone to make sense of the replies.

LilElvis

JPDL wrote: »

Thanks for your reply. I wasn't asking about handling stolen goods. I am doing some legal research and would like to know if anyone regards these actions as fraudulent as I cannot see they are as the shop has not made a loss. I was hoping for some feedback from others on this. Thanks again

"Legal research" to what end?

Go to a law library and research the actual law rather than just get random answers from a bunch of strangers on the internet.

unholyangel

JPDL wrote: »

Thanks for your reply. I wasn't asking about handling stolen goods. I am doing some legal research and would like to know if anyone regards these actions as fraudulent as I cannot see they are as the shop has not made a loss. I was hoping for some feedback from others on this. Thanks again

Wondering on what basis you are assuming that. On the basis that you would be exchanging it for an item of similar value?

But you're missing one important fact - they have no liability to you. So yes, you would be causing them a loss as well as benefiting from a gain yourself.

Fraud is when you act dishonestly with the intention of making a personal gain (for you or someone else) or to cause someone else a loss (or expose them to the risk of a loss). So yes, this would constitute fraud imo.

foxtrotoscar_2

JPDL wrote: »

Thanks for your reply. I wasn't asking about handling stolen goods. I am doing some legal research and would like to know if anyone regards these actions as fraudulent as I cannot see they are as the shop has not made a loss. I was hoping for some feedback from others on this. Thanks again

You have no contract with the original seller and have no rights with them (unless their T&C's allow it, ie gift receipt) and it ends there, period.

Valli

JPDL wrote: »

Thanks for your reply. I wasn't asking about handling stolen goods. I am doing some legal research and would like to know if anyone regards these actions as fraudulent as I cannot see they are as the shop has not made a loss. I was hoping for some feedback from others on this. Thanks again

You appear to be doing two things.

For one, you are claiming to be doing 'legal research' which one assumes to mean you are wanting to know the legal position. As you have been advised, the contract has been formed between the vendor and the 'original' purchaser.

However, you also seem to be asking for opinions as to whether people regard it as fraudulent.

pinkshoes

JPDL wrote: »

I am doing some legal research and would like to know if anyone regards these actions as fraudulent as I cannot see they are as the shop has not made a loss. I was hoping for some feedback from others on this. Thanks again

Person 1 steals item then sells it/gives it to person 2.

Person 2 then takes it to shop to exchange it for something else.

This is what the likely scenario is here...

You have no rights to return an item bought in store unless it is faulty, but would need proof of purchase.

(Schools go back tomorrow...)

LilElvis

pinkshoes wrote: »

Person 1 steals item then sells it/gives it to person 2.

Person 2 then takes it to shop to exchange it for something else.

This is what the likely scenario is here...

You have no rights to return an item bought in store unless it is faulty, but would need proof of purchase.

(Schools go back tomorrow...)

Amen to that! Birthday 2 weeks ago so I'm going for the Great Toy Purge. Still recovering from the hunt for the new school shoes - an hour of my life lost. In a toy box - obvious really :T

Ectophile

JPDL wrote: »

Thanks for your reply. I wasn't asking about handling stolen goods. I am doing some legal research and would like to know if anyone regards these actions as fraudulent as I cannot see they are as the shop has not made a loss. I was hoping for some feedback from others on this. Thanks again

If you want to do legal research, ask a lawyer.

Asking a bunch of people on an internet forum will just give you lots of opinions.