Food stolen from counter in a takeaway

Notavirus.exe · 26-02-2016 5:42pm #1

This did not happen to me, it happened to a friend.

He ordered the food at the counter and gave a €50 note to the guy working there. While he was waiting, his phone rang. He went outside to talk on the phone. While he was on the phone, a group of well known local scumbags walked into the takeaway. The guy at the counter left the food and the change on the counter. The scumbags told the one at the counter that they were with my friend and took the food and change and left. My friend finished on the phone a few seconds after they left. He walked in and asked where his food was. The guy at the counter told him that the group of people said they were with him and took the food. My friend told them they weren't and the counter guy responded, "It's not my problem".

Is the counter guy liable for letting this happen?

Stheno · 26-02-2016 5:45pm

Can't imagine he is tbh

schaffer1969 · 26-02-2016 5:48pm

Notavirus.exe wrote: »

This did not happen to me, it happened to a friend.

He ordered the food at the counter and gave a €50 note to the guy working there. While he was waiting, his phone rang. He went outside to talk on the phone. While he was on the phone, a group of well known local scumbags walked into the takeaway. The guy at the counter left the food and the change on the counter. The scumbags told the one at the counter that they were with my friend and took the food and change and left. My friend finished on the phone a few seconds after they left. He walked in and asked where his food was. The guy at the counter told him that the group of people said they were with him and took the food. My friend told them they weren't and the counter guy responded, "It's not my problem".

Is the counter guy liable for letting this happen?

Probably not. He ordered food for a particular price, the food was given to him and he paid. The contract was fulfilled.
He left it on the counter. Even if he had asked the counter guy to watch the food he still has no case.

Notavirus.exe · 26-02-2016 5:57pm

schaffer1969 wrote: »

Probably not. He ordered food for a particular price, the food was given to him and he paid. The contract was fulfilled.
He left it on the counter. Even if he had asked the counter guy to watch the food he still has no case.

To be fair, the counter guy was negligent.

Imagine if you bought a car from a dealership and the same thing happened to you. You'd be pissed off at the salesman*, wouldn't you? I know there's a difference between a car and food, but it's the same thing in reality.

*EDIT: Well, not just pissed off. You'd think it was his fault.

Guy:Incognito · 26-02-2016 6:07pm

schaffer1969 wrote: »

Probably not. He ordered food for a particular price, the food was given to him and he paid. The contract was fulfilled.
He left it on the counter. Even if he had asked the counter guy to watch the food he still has no case.

He didnt leave the food on the counter, the guy in the shop did.

Notavirus.exe · 26-02-2016 6:20pm

schaffer1969 wrote: »

Probably not. He ordered food for a particular price, the food was given to him and he paid. The contract was fulfilled.
He left it on the counter. Even if he had asked the counter guy to watch the food he still has no case.

Guy:Incognito wrote: »

He didnt leave the food on the counter, the guy in the shop did.

Thanks for that. I read schaffer's post wrong.

Let me clarify:
He ordered the food and paid, went outside on the phone, the counter guy left the food and the change on the counter when it was ready and stood at the counter beside it, a group of guys came in and claimed to be with my friend and the guy let them take the food and money.

Bongalongherb · 26-02-2016 6:38pm

The utter amount of accidents that happen while answering a phone is astonishing. The customer should not have left the counter to go outside when the phone rang. All he had to do was take his food and change and wait for the person to call him back. If it was important I'm sure the person calling him would call back.

Leaving your food and cash lying there on the counter and walking out expecting it to be safe while you're gone is not the best choice to make imo.

gizmo555 · 26-02-2016 7:14pm

Bongalongherb wrote: »

Leaving your food and cash lying there on the counter and walking out expecting it to be safe while you're gone is not the best choice to make imo.

The customer did not walk out leaving his food and cash on the counter - read the thread again.

stefan.kuntz · 26-02-2016 7:19pm

Do the takeaway not give change and receipt immediately after taking the order? Or did he leave 'mid transaction'?

gizmo555 · 26-02-2016 7:23pm

stefan.kuntz wrote: »

Do the takeaway not give change and receipt immediately after taking the order?

Apparently not.

Notavirus.exe wrote: »

He ordered the food at the counter and gave a €50 note to the guy working there. While he was waiting, his phone rang. He went outside to talk on the phone. While he was on the phone, a group of well known local scumbags walked into the takeaway. The guy at the counter left the food and the change on the counter.

stefan.kuntz · 26-02-2016 7:26pm

gizmo555 wrote: »

Apparently not.

'While he was waiting' could be him waiting for the guy to put the transaction through on the till and count out the change...

gizmo555 · 26-02-2016 7:30pm

stefan.kuntz wrote: »

'While he was waiting' could be him waiting for the guy to put the transaction through on the till and count out the change...

Read the thread.

Notavirus.exe wrote: »

Let me clarify:
He ordered the food and paid, went outside on the phone, the counter guy left the food and the change on the counter when it was ready and stood at the counter beside it, a group of guys came in and claimed to be with my friend and the guy let them take the food and money.

Ted_YNWA · 26-02-2016 7:37pm

If he wasn't in shop, how does he know someone took it off the counter.

Bongalongherb · 26-02-2016 7:38pm

It makes no difference. The customer paid for his/her order and was awaiting for change and food but decides that a phone-call is more important and so leaves the premises when he/she should have waited. It's no-one else's fault except the customers, you don't walk out at the end of an order. You take your food and change and then walk out and answer the phone.

These places are busy enough than to be standing there waiting for the customer to finish his private phone-call and come back in at his/her leisure.

gizmo555 · 26-02-2016 7:47pm

Bongalongherb wrote: »

It's no-one else's fault except the customers . . .

Isn't it? I don't know, but its clear the customer didn't walk off leaving his food and change and the counter hand did not give him his food and change. Instead, he left the money and food on the counter while the customer wasn't present, where it could be and was stolen.

What if the shoe was on the other foot? Suppose the counter hand put the food on the counter and then had to briefly go back in to the kitchen. If the customer just left the exact payment on the counter and it was stolen before the counter hand returned, who's responsible then?

Rayne Wooney · 26-02-2016 7:52pm

If I order and pay for food online and the delivery driver leaves it on the wall outside and someone else takes it who is at fault?

Surely the other party didn't complete the transaction by getting the food to the buyer

Bongalongherb · 26-02-2016 7:55pm

Rayne Wooney wrote: »

If I order and pay for food online and the delivery driver leaves it on the wall outside and someone else takes it who is at fault?

Surely the other party didn't complete the transaction by getting the food to the buyer

You can't compare the two... The customer was there and then left on his/her own volition at the end of the transaction.

Rayne Wooney · 26-02-2016 7:56pm

Bongalongherb wrote: »

You can't compare the two... The customer was there and then left on his/her own volition at the end of the transaction.

It wasn't the end of the transaction, money for food, the buyer gave the money directly to the food place, the food place didn't get the food to the buyer

Bongalongherb · 26-02-2016 8:03pm

Rayne Wooney wrote: »

It wasn't the end of the transaction, money for food, the buyer gave the money directly to the food place,the food place didn't get the food to the buyer

Yes, because the customer wasn't there. Simple really, the customer should have been there but wasn't, and thought a phone-call was more important to leave the premises so wasn't on the premises at the time. Lesson learned from that customer not to leave the premises like they did again, or it could happen again anywhere else in any place.

BettePorter · 26-02-2016 8:14pm

I can't recall any food scenario where u order ,hand over the money there and then but u wait until after food is ready for the change. The cash/change exchange surely takes a matter of secs. So if your mate handed the guy a 50 and walked out of shop as he turned to the til then tbh its his own fault. The cashier was careless but ur mate was moreso ( not to mention ignorant taking a call mid transaction..... height of rudeness)

Rayne Wooney · 26-02-2016 8:14pm

Bongalongherb wrote: »

Yes, because the customer wasn't there. Simple really, the customer should have been there but wasn't, and thought a phone-call was more important to leave the premises so wasn't on the premises at the time. Lesson learned from that customer not to leave the premises like they did again, or it could happen again anywhere else in any place.

The customer wasn't where? The customer paid for the food to be given to him and it wasn't, the phone call is irrelevant. The restaurant assumed the food would be safe on the counter and they were wrong, the transaction wasn't complete on their end because they didn't get the food to the customer, they weren't paid to deliver the food to the counter where anyone could have it.

The restaurant were wrong but there's nothing he can do really

Bongalongherb · 26-02-2016 8:22pm

Rayne Wooney wrote: »

The customer wasn't where? The customer paid for the food to be given to him and it wasn't, the phone call is irrelevant. The restaurant assumed the food would be safe on the counter and they were wrong, the transaction wasn't complete on their end because they didn't get the food to the customer, they weren't paid to deliver the food to the counter where anyone could have it.

The restaurant were wrong but there's nothing he can do really

We all know how busy takeaways are, so are you suggesting that the worker just stand there waiting for the customer to finish their private call to hand the customer the order and cash while other customers are waiting for service ?. I don't care what anyone says, the customer was in the wrong and should have been there.

Rayne Wooney · 26-02-2016 8:27pm

Bongalongherb wrote: »

We all know how busy takeaways are, so are you suggesting that the worker just stand there waiting for the customer to finish their private call to hand the customer the order and cash while other customers are waiting for service ?. I don't care what anyone says, the customer was in the wrong and should have been there.

The food and money were in their possession, they gave away possession to someone who wasn't the person who paid them. There are plenty of places behind the counter the money and food would have been safe but they took a risk. They are at fault, the phone call is irrelevant no matter how rude you think it is.

runawaybishop · 26-02-2016 8:32pm

Bongalongherb wrote: »

It makes no difference. The customer paid for his/her order and was awaiting for change and food but decides that a phone-call is more important and so leaves the premises when he/she should have waited. It's no-one else's fault except the customers, you don't walk out at the end of an order. You take your food and change and then walk out and answer the phone.

These places are busy enough than to be standing there waiting for the customer to finish his private phone-call and come back in at his/her leisure.

Nonsense. The staff member handed food and money over to some random spoofer. Of course they are completely at fault.

gizmo555 · 26-02-2016 8:33pm

Bongalongherb wrote: »

I don't care what anyone says . . .

That's clear. Good to know we're all entitled to your opinion.

MrMojoRising · 26-02-2016 8:36pm

Stheno wrote: »

Can't imagine he is tbh

What a helpful post

davo10 · 26-02-2016 8:43pm

runawaybishop wrote: »

Nonsense. The staff member handed food and money over to some random spoofer. Of course they are completely at fault.

What is the norm here? You order, pay, and wait for your food & change. You have to be some breed of stupid to hand over €50 and expect the staff to wait for you to come back 10mins later to hand over the goods while you take a phone call. From reading other threads, it seems vendors are not actually legally required to give change, perhaps one of the legal guys will refute/confirm this.

hullaballoo · 26-02-2016 8:50pm

MrMojoRising wrote: »

What a helpful post

MOD: If you have a problem with a post, report it. Do not backseat moderate.

gizmo555 · 26-02-2016 8:50pm

davo10 wrote: »

You have to be some breed of stupid to hand over €50 and expect the staff to wait for you to come back 10mins later to hand over the goods while you take a phone call.

It's amazing how posters who're taking the staff's side are just making stuff up as they go along to support their argument. You have no idea how long the customer took for his call, whether it was ten minutes or ten seconds.

davo10 · 26-02-2016 8:53pm

gizmo555 wrote: »

It's amazing how posters who're taking the staff's side are just making stuff up as they go along to support their argument. You have no idea how long the customer took for his call, whether it was ten minutes or ten seconds.

What we do know according to the op is that he exited the premices leaving his money and food there, doesn't matter if it was 10 minutes or 10 seconds, the industry norm is that you wait for both.

runawaybishop · 26-02-2016 8:58pm

davo10 wrote: »

What is the norm here? You order, pay, and wait for your food & change. You have to be some breed of stupid to hand over €50 and expect the staff to wait for you to come back 10mins later to hand over the goods while you take a phone call. From reading other threads, it seems vendors are not actually legally required to give change, perhaps one of the legal guys will refute/confirm this.

The norm is your change and food isn't given to a stranger.

davo10 · 26-02-2016 9:00pm

runawaybishop wrote: »

The norm is your change and food isn't given to a stranger.

Everyone is a "stranger" in a takeaway,. You order, pay and wait for your food.

Curb Your Enthusiasm · 26-02-2016 9:35pm

Ted_YNWA wrote: »

If he wasn't in shop, how does he know someone took it off the counter.

Oh dear. Read.

goz83 · 26-02-2016 9:41pm

I have never waited more than a few seconds to get my change in a takeaway, so this doesn't make sense and I don't think the whole truth is in the OP.

However, if the customer paid and the staff did not give the change to the customer, then the takeaway is at fault. If the customer was in the premises when the food and change were left on the counter, it is the takeaways problem. Takeaways usually have cctv. The friend is an idiot, there is no question about it. But the change and food should not have been given to someone else.

Senna · 26-02-2016 9:47pm

Assuming this is a fast food takeaway, 99.9% work on cash is paid at start and change given immediately or cash is given at end and change given immediately. If the OPs friend was in any normal establishment, then the friend is 100% at fault.
If this establishment has some bizarre cash tendering procedure, them maybe the establishment is at fault, but I doubt it.

irishgeo · 26-02-2016 9:59pm

Surely a contract is in place. A verbal one.

Customer asked to be supplied with goods. He didn't get despite having paid for them.

I think they has a case.

davo10 · 26-02-2016 10:16pm

irishgeo wrote: »

Surely a contract is in place. A verbal one.

Customer asked to be supplied with goods. He didn't get despite having paid for them.

I think they has a case.

What "case", a legal "case"? Are you talking about a criminal "case" or a consumer "case"?.

Rayne Wooney · 26-02-2016 10:18pm

Senna wrote: »

Assuming this is a fast food takeaway, 99.9% work on cash is paid at start and change given immediately or cash is given at end and change given immediately. If the OPs friend was in any normal establishment, then the friend is 100% at fault.
If this establishment has some bizarre cash tendering procedure, them maybe the establishment is at fault, but I doubt it.

The only way the friend is at fault is if he saw the guy put the change on the counter before he went out for the phone call, that would mean he knew his change was on a counter anyone could take from but decided to risk it.

By reading the post it seems more likely that the restaurant took the risk putting the change on the counter waiting for the friend to come back in, that imo puts the blame on the restaurant without a doubt, they were in possession of the food and money so what they did without the guy knowing falls on them.

Little CuChulainn · 26-02-2016 10:22pm

Is this really a matter of contract law? It was a theft. It doesn't matter who should have done what. The only argument is who is the victim for the purpose of a criminal complaint.

TheChizler · 26-02-2016 10:29pm

I imagine it would be the same situation as if the cashier turned around and just didn't see the customer, and handed it to some randomer. Doesn't really matter where the customer was as they didn't attempt to give it to him.

Greenmachine · 26-02-2016 10:37pm

Who walks away from a cash transaction like that to take a call? What was the staff member supposed to do chain the food to the counter till the said customer returned. If I leave something of value unattended I have to expected that there is a risk that it might be taken. As soon as the OP friend hand over €50, the take-away contract obligation ended bringing the food to the counter top. They can't just give paying customer food to anyone, but they can't be holding up paying customers for flighty customers who don't know if they are coming or going.

looksee · 26-02-2016 10:45pm

Whatever about the legalities, that is a seriously unlikely scenario described in the op.

Rayne Wooney · 26-02-2016 10:51pm

Greenmachine wrote: »

Who walks away from a cash transaction like that to take a call? What was the staff member supposed to do chain the food to the counter till the said customer returned. If I leave something of value unattended I have to expected that there is a risk that it might be taken. As soon as the OP friend hand over €50, the take-away contract obligation ended bringing the food to the counter top. They can't just give paying customer food to anyone, but they can't be holding up paying customers for flighty customers who don't know if they are coming or going.

He didn't leave it unattended, he left it with the restaurant who apparently left it unattended/gave it to someone else

It all boils down to whether the friend saw or gave the okay to leave the stuff on the counter because then it becomes his risk not the restaurant but if he didn't know then how could it be his fault, it's the restaurants regardless of whether or not it was rude of him to take the phone call

Bongalongherb · 26-02-2016 11:30pm

In all fairness to the thread... you do not leave your goods unattended at any time whether inside or outside of a retail or takeaway premises. The OP's friend was in the wrong and should have been there personally for the transaction to be complete and security of the produce and cash/change return.

There's no point in making a mountain out of a mole-hill as the customer needs to be there for the security of the full transaction to be complete and then leave in the knowledge that the transaction was completed in a logical manner. Interesting post, but the customer on this one is in the wrong and has no-one else to blame but him/herself.

Rayne Wooney · 26-02-2016 11:41pm

Yep the customer does need to be there for the security of the transaction, which is precisely why the restaurant should have waited until he came back in before leaving his money and food on a counter unattended

Notavirus.exe · 27-02-2016 12:40am

goz83 wrote: »

I have never waited more than a few seconds to get my change in a takeaway, so this doesn't make sense and I don't think the whole truth is in the OP.

Sorry, I should have made this clear - My friend was ordering food for himself and a few friends so the guy at the counter would have had to take a significant amount of time to calculate the total bill.

And another thing - He went outside while the food was still being cooked, he DID NOT leave it on the counter. He ordered it and paid for it. The food and change was being prepared while he was outside on the phone. The guy at the counter left the food and his change on the counter and then the group of people came in and claimed to be with him and took his food and money. He was still outside when this happened.

BettePorter · 27-02-2016 12:55am

That still doesn't make sense. Joe chippy doesn't care if he ordering one chip or a feast for a stag do..... its the one transaction. And it still takes as long as him
handing over 50 / tilling / handing back change. Unless ur local chippy needs a deposit for large orders ??? And if he ordering for ppl behind him, surely they still there whilst he outside. I think you should clarify what time this happened and what state Joe moneybags was in at the time! Was he pissed?

If he was, ive seen that guy! 4am....... The big I am! 'Here my good man, I'm loaded........ pls take my 50 euro and feed all these boyos I barely know........ I ****in love this fella....., oh wait.... me pockets vibrating...,... howye Jimmy .... wait til I go outside I cant hear ya.......,

27-02-2016 12:57am

Notavirus.exe wrote:

Sorry, I should have made this clear - My friend was ordering food for himself and a few friends so the guy at the counter would have had to take a significant amount of time to calculate the total bill.

I still don't see how he would have been asked to hand over any money if the bill wasn't calculated.

Also, If the bill was under 50, there couldn't have been too many transactions, never mind enough to cause a "significant amount of time" that would excuse walking out to take a call

Notavirus.exe · 27-02-2016 12:58am

BettePorter wrote: »

That still doesn't make sense. Joe chippy doesn't care if he ordering one chip or a feast for a stag do..... its the one transaction. And if he ordering for ppl behind him, surely they still there whilst he outside. I think you should clarify what time this happened and what state Joe moneybags was in at the time! Was he pissed?

His friends weren't with him.

Mountainsandh · 27-02-2016 1:01am

It seems obvious to me that when taking part in a transaction, such as in a take away, you remain on the premises. Same as you wouldn't leave the Dunnes' cashier and premises mid transaction, no ?
I think the customer has only himself to blame. Remaining on premises when engaging in a transaction, until transaction is completed is not a hard concept to grasp in fairness.

Notavirus.exe · 27-02-2016 1:13am

Mountainsandh wrote: »

Remaining on premises when engaging in a transaction, until transaction is completed is not a hard concept to grasp in fairness.

With all due respect, not giving someone's food and money to a group of dirty looking scumbags is not a hard concept to grasp either.

If someone pays for goods or services, they would expect that said goods and/or services would be delivered the correct person.

Imagine ordering a pizza and asking them to deliver it and when they get to your driveway, a stranger walks up to them and says "This is my house, thanks". (I realise the stranger would have to pay but let's pretend you used a credit card and already paid for it).
Who is in the wrong? You? Or what about the guy who was negligent enough to NOT MAKE SURE THEY WERE GIVING THE GOODS TO THE PERSON WHO PAID FOR THEM?

I use caps lock to emphasise things, not to "shout" as some people may believe.

Food stolen from counter in a takeaway

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