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    nick13336's Avatar
    nick13336 Posts: 12, Reputation: 1
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    #1

    Jul 30, 2009, 02:31 PM
    Theft or Breach of Contract
    I made a contract with someone to deliver some merchandise valued at around $6K. The person failed to deliver the merchandise and I want to know whether this matter would be handled in criminal court as a theft or civil court as a breach of contract?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jul 31, 2009, 05:14 AM

    Do you know where the merchandise is now ? Was it actually stolen and you don't know the whereabouts ?

    Tick
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jul 31, 2009, 07:41 AM
    Quote Originally Posted by nick13336 View Post
    I made a contract with someone to deliver some merchandise valued at around $6K. The person failed to deliver the merchandise and I want to know whether this matter would be handled in criminal court as a theft or civil court as a breach of contract?


    As I understand the question you had a contract to purchase merchandise; you paid for the merchandise; the merchandise was not delivered.

    Right?

    This is definitely not theft, including theft of services.

    It's contract law and a civil lawsuit. The Police may be interested, depending on the circumstances.
    nick13336's Avatar
    nick13336 Posts: 12, Reputation: 1
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    #4

    Jul 31, 2009, 11:36 AM
    Thanks, yeah you're right. The person did fail to make the delivery. Thanks for your answer, it answered my question.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jul 31, 2009, 12:00 PM
    Quote Originally Posted by nick13336 View Post
    Thanks, yeah you're right. The person did fail to make the delivery. Thanks for your answer, it answered my question.

    Good - I think you already knew. You just needed to hear someone else say it!
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #6

    Jul 31, 2009, 12:15 PM

    You said originally, nick,the person failed to make the delivery, that was never in doubt. You didn't say that you had already paid for the merchandise. If you had, and never received the merchandise, then its theft. So which is it ?

    I understand your answer JKT, I just don't understand the OP's response. If the merchandise was never delivered, and was paid for, then that's a matter for the police, but he didn't say it was paid for.

    Sorry, am I missing something here ?

    Tick
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jul 31, 2009, 12:42 PM

    The statement is that the person (which I assume to mean the person the merchandise was ordered from) "failed to deliver the merchandise."

    I saw nothing about theft and understood, according to Law, his question.

    Was this theft of his down payment or payment or a contract matter - merchandise ordered, paid for, never delivered?

    I "assumed" if it had been stolen he would have said it was sent and he never received it.

    I further "assumed" if he HADN'T paid for it he wouldn't be asking this question - he'd instead by trying to enforce the contract.

    This is why I repeated the question as I understood it before I answered - to see if I was correct as opposed to simply firing something off.
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