Friday, August 7, 2009

What is the law on this issue?

Went out to dinner. Posted on entry door is that they accept credit cards, but NOT personal checks. Not a problem. We eat dinner. Go to pay for our dinner and get informed that we have to leave. drive to a bank, get cash, and come back and pay them as THEIR machine is down. I refused. I tried to get them to call their company and run my credit card by phone, they refused. I offered them a personal check, they refused. I asked to speak with a manager, they did NOT have one available according to the cashier. They ended up telling me to leave and come back today. Now as it was THEIR machine that was messed up and they REFUSED to either run my credit card manually or by phone, and they also refused a personal check, am I LEGALLY required to drive back out there and pay them at their convience?



Now I AM GOING TO GO PAY THEM, I just want to know if LEGAL for a place of business to do this? This is for a debate between my daughter and myself.



What is the law on this issue?finance





They should have called it in manually.



Legally, tough to prove any damages to sue for.



What is the law on this issue?

loan



I don%26#039;t know sexy, if I were in your shoe%26#039;s I wouldn%26#039;t read to much into it, because the bottom line is that they fed you........I%26#039;m sure you enjoyed the dinner now why make a stink about their incompetency. In other words you went there to eat not to stress yourself out....Sometimes we have to bite our tongue and just go with the flow...... If I felt so harsh about their services I would pay them without a tip and not return there again.....



Good luck!|||most managers would give you a complimentary meal for your inconvience, i also would not leave and bring back cash. mail them a check and see how fast they cash it? sorry i dont have an opinion as to the legality of this. i attempted to check in at a hotel with CASH they wouldnt accept anything but my credit card?|||It sounds to me as if you are probably legally obligated to pay them, but not in any particular manner. So to answer you specifically, you are probably not obligated to drive out there to pay them. But you probably do owe them an enforceable debt for the value of the meal.



The reason for the equivocation is that you say %26quot;they ended up telling [you] to leave and come back today.%26quot; That implies that you agreed, either expressly or by failing to object to this solution. If you did, you are obliged to keep your promise.



OTOH, if you didn%26#039;t agree to return (either expressly or implicitly), then you are not obliged to return to pay -- you are free to meet your obligation to them by mailing them a check.



If you%26#039;re asking whether you%26#039;re obliged to pay them at all, the answer is probably yes. While you may not be obliged under contract law to do so (because you %26quot;tendered%26quot; payment, in the form of your credit card, which they declined to accept), the law of restitution would probably prevent you from obtaining a %26quot;windfall%26quot; benefit of the value of the meal.



And don%26#039;t be too hard on the person who used the word %26quot;sue.%26quot; Even though you%26#039;re not thinking of bringing a case, or defending a case, the only meaningful way of answering your question (where you capitalized the word LEGALLY) is to hypothosize a lawsuit. So, only in the hypothetical, if they sued you in contract law for the value of the meal, you would probably have a valid defense -- that you tendered payment, which was rejected. But if they also sued you on a theory of restitution (i.e., that you had obtained a benefit for which you did not pay), that defense would not apply.|||OK%26lt; I answered last night, and not only did everyone tell you to grow up and pay the buill, many stated outright and the rest implied that it is legal.



So yes, it is legal.



What planet do yo live on? You ate the food, consumed the services, and their was a glitch. You think this might not entitle them to work out a payment method with you? What do you think the rest of the folks did there while the credit card machine was down?

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