Food stolen from counter in a takeaway

degsie

MadDog76 wrote: »

That's the best you can do? I'll turn off my predictive text now and you can accept you've lost the argument ......... deal? :P

Get a room guys, this is a serious discussion....

stefan.kuntz

esforum wrote: »

Moot not mute, the point doesnt have a disability preventing it from speaking :p

Would have made for an interesting call if the OPs 'friend' is mute.

esforum

MadDog76 wrote: »

That's the best you can do? I'll turn off my predictive text now and you can accept you've lost the argument ......... deal? :P

predictive text I would assume knows the word 'moot', you made a boo boo, i made a joke about it, relax.

Theres no arguement, maybe you are getting annoyed and arguing, Im just fleshing out an interesting scenario from a legal point of view.

esforum

degsie wrote: »

Get a room guys, this is a serious discussion....

you made your first post on page 5 and it wasnt relevent to the legal discussion to begin with, all you did was insult the alledged victim

esforum

Notavirus.exe wrote: »

Which just goes to show that the takeaway staff member was negligent because scams like that could happen.

It is NOT normal for someone to place an order, walk away, some other guy coming up out of nowhere and saying "That's mine, thank you" and the guy at the counter believing them. The counter guy was negligent.

It seems pretty obvious at this stage that you dont really want advise or opinions, you want yes men to agree with your view.

Im out

Notavirus.exe

esforum wrote: »

It seems pretty obvious at this stage that you dont really want advise or opinions, you want yes men to agree with your view.

Im out

I only want people to agree that THIS STORY IS TRUE (because it is) and tell me who is responsible.

Bye.

degsie

esforum wrote: »

you made your first post on page 5 and it wasnt relevent to the legal discussion to begin with, all you did was insult the alledged victim

I was merely cross examining, isn't that a legal position?

degsie

Notavirus.exe wrote: »

I only want people to agree that THIS STORY IS TRUE (because it is) and tell me who is responsible.

Bye.

I think that maybe nobody really cares! It was an interesting story but not in a 'crimestopper' kind of way. Sh|t happens, most people just move on...

armaghlad

Notavirus.exe wrote: »

I only want people to agree that THIS STORY IS TRUE (because it is) and tell me who is responsible.

Bye.

Your friend is partly responsible; the Takeaway owes him €50

stefan.kuntz

armaghlad wrote: »

Your friend is partly responsible; the Takeaway owes him €50

Or he owes them EUR50 and the food.

MadDog76

stefan.kuntz wrote: »

Or he owes them EUR50 and the food.

Read the Op, the Takeaway got paid in full for the food. :rolleyes:

Notavirus.exe

MadDog76 wrote: »

Read the Op, the Takeaway got paid in full for the food. :rolleyes:

Plus extra because there was change.

I don't think it's his fault for standing outside. Normally, you wouldn't have to worry about a takeaway giving the food to the wrong person so I can't blame him for not watching the counter like a hawk for his food. His food was being cooked when he went outside.

I haven't been clear about this but what I want to know is, is the takeaway obliged to give a refund? They were negligent.

stefan.kuntz

MadDog76 wrote: »

Read the Op, the Takeaway got paid in full for the food. :rolleyes:

Did you see them being paid? Did the OP see them being paid? Does the 'friend' even exist?

MadDog76

Notavirus.exe wrote: »

Plus extra because there was change.

I don't think it's his fault for standing outside. Normally, you wouldn't have to worry about a takeaway giving the food to the wrong person so I can't blame him for not watching the counter like a hawk for his food. His food was being cooked when he went outside.

I haven't been clear about this but what I want to know is, is the takeaway obliged to give a refund? They were negligent.

Well the Takeaway didn't get anything more than the price of the food, the scumbags stole the change as well as the food didn't they?

MadDog76

stefan.kuntz wrote: »

Did you see them being paid? Did the OP see them being paid? Does the 'friend' even exist?

Huh?

Notavirus.exe

MadDog76 wrote: »

Well the Takeaway didn't get anything more than the price of the food, the scumbags stole the change as well as the food didn't they?

Yes. They were paid extra and failed to return the change and the food to the customer.

Is the takeaway guy obliged to give a refund to him?

m1ck007

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.

The food wasnt given to him. Jeez

mightyreds

Notavirus.exe wrote: »

Plus extra because there was change.

I don't think it's his fault for standing outside. Normally, you wouldn't have to worry about a takeaway giving the food to the wrong person so I can't blame him for not watching the counter like a hawk for his food. His food was being cooked when he went outside.

I haven't been clear about this but what I want to know is, is the takeaway obliged to give a refund? They were negligent.

So he just handed in his money and left then, they put his food sitting on the counter with his change while he was outside, what 10 minutes later? When it was ready.

Notavirus.exe

mightyreds wrote: »

So he just handed in his money and left then, they put his food sitting on the counter with his change while he was outside, what 10 minutes later? When it was ready.

Not sure of the timing but yes.

mickdw

This thread is going around in circles so I've not read every single post but in the interests of goodwill and experience, I'd imagine the take away should redo the order and give him his change.
It may not be their fault but surely they would gain alot more return business by acting in this way versus fighting with a customer and sending them away without money or food.
A cost of doing business imo.

mightyreds

Notavirus.exe wrote: »

Not sure of the timing but yes.

If it happened like that I'd feel bad for both they were duped, chipper should of gave the food and change to your friend again, but the guy was probably afraid of it being docked on him if he got the blame

MadDog76

Notavirus.exe wrote: »

Yes. They were paid extra and failed to return the change and the food to the customer.

Is the takeaway guy obliged to give a refund to him?

I don't know (legally) if they're obliged to compensate him but I'd imagine they would be as they knowingly handed food and money over to somebody other than the individual who ordered, and paid for, the food ......... I think he would have stood a better chance of being refunded if he'd held his ground in the takeaway at the time and waited for the Guards to arrive.

It shouldn't really have to come to that anyway as the takeaway should have just apologised, done up the food again, given him his change and learnt from their mistake.

They may have saved themselves 50 euros on the day but how much revenue will they lose in the long run assuming your friend (and others that he tells his story to) will never use them again.

Little CuChulainn

MadDog76 wrote: »

I don't know (legally) if they're obliged to compensate him but I'd imagine they would be as they knowingly handed food and money over to somebody other than the individual who ordered, and paid for, the food

Why are you saying the takeaway worker gave the food and money away. It was on the counter and it was taken by someone. That's a theft.

dr.fuzzenstein

Little CuChulainn wrote: »

Why are you saying the takeaway worker gave the food and money away. It was on the counter and it was taken by someone. That's a theft.

The OP seems to suggest takeaway operator handed over the food, they didn't just walk in and take it.
Its still theft by the people who walked away with the food, but the question is, is the takeaway liable? In a way they are an innocent party that fell victim to fraud. Imagine you pay for a car and someone else shows up and picks it up. Does the car dealer owe you a new car? I'm leaning towards "tough sh*t" on this one.
Human decency would suggest it would be good business practice by the restaurant to give OP's friend another meal on the house, but that's not a legal matter.

MadDog76

Little CuChulainn wrote: »

Why are you saying the takeaway worker gave the food and money away. It was on the counter and it was taken by someone. That's a theft.

Just basing it on the Op, I tend to read them. :rolleyes:

degsie

The gas thing is the OP is looking for a definitive legal position on this from boards.ie. Very funny thread.

MadDog76

degsie wrote: »

The gas thing is the OP is looking for a definitive legal position on this from boards.ie. Very funny thread.

I think he's just looking for opinions ........

armaghlad

dr.fuzzenstein wrote: »

In a way they are an innocent party that fell victim to fraud. Imagine you pay for a car and someone else shows up and picks it up. Does the car dealer owe you a new car? I'm leaning towards "tough sh*t" on this one.

Yes the dealer does owe you a new car for giving it somebody completely different.

If someone came along to a car dealership and spoofed their way into getting the keys of a brand new car ordered by someone else; the dealer in that case would have to be the biggest moron on the planet for not confirming with the customer before handing them over.

The same principle applies, it's absolute shoddy customer service to leave someone's food and change lying there for anyone to come along and lift; as happened. I actually would like the OP to name the establishment so at least people on here are aware of their disregard for customers and their piss poor set up.

degsie

MadDog76 wrote: »

I think he's just looking for opinions ........

Maybe he should try looking behind the counter...

moc moc a moc

Might be sensible to change your title to 'Food and money stolen from counter', unless your friend is planning to sue over a cod and chips...