Suppose I’m buying 10 items, and I notice that the cashier has accidentally only scanned 9 of them, leading to a total that is too low. Do I have a duty to remind the cashier?
I understand that the cashier’s mistake probably does not cancel the debt, and theoretically they could still come after me for it later. But what I’m asking is whether I have a duty to remind the cashier.
Also, I’m not necessarily saying I would actually do this - I just want to understand the law.
When you go to the store, they offer various things that they are willing to transfer to you in exchange for money. In the simple case, they offer you an apple in exchange for 50 cents. When you hand over the money, and they hand over the apple, the transaction is complete – now it's their money and your apple. That is the essence of a sales contract. If they don't give you the apple, they are in breach of contract, likewise if you don't hand over the money you are in breach of contract.
Shoplifting, which will be punished by the government, is different from simple breach of contract. Unknowingly being the beneficiary of a clerical error is clearly not a crime. If you are aware that you did not pay for the goods yet received them, and you know that this is not a gift from the clerk or the store, then you are treading on the territory of shoplifting, though to be convicted the government would have to prove beyond reasonable doubt that you were aware that you were taking stuff that is not yours (it's not yours because you didn't pay for it).
People seem to assume they are inexpensive items.
If you were buying 10 laptops valued at $1,000 each and the cashier only charged you for 9 due to the value of the laptop you would be committing a felony in many states if you walked out of the store with a $1,000 item of merchandise knowing you did not pay for it.
You would be knowingly removing property from the store without compensating the store for the item. A deliberate act. Theft. You would be committing a crime. Whether the clerk made a mistake or not you know you didn't pay for the item and you knowingly chose to walk out with merchandise you had not paid for.
A clerks error doesn't make it legal for a person to take merchandise without paying for it.
Whether it could be proved in court is another story. You could commit perjury and lie about knowing you were taking the item without paying for it. Or take the 5th amendment. Or not testify at all. No matter what you would still be a criminal though.
