Ejecting Angry Customer Legal ?

Discussion in 'Finance, Property, Law' started by CptDanjou, Jun 4, 2013.

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  1. A mate has a retail shop and recently had a run in with a customer , customer wanted a refund on a product they had damaged so no refund , it ended up with my mate asking them to leave , the reply was "make me ,if you touch me I will break your nose " .

    My question is can a shop owner physically/forcibly remove a customer from his shop premises if they refuse after being asked politely ?

    I am also wondering if he should report this to the Rozzers in case he finds his windows put through?
     
  2. Just call the police.

    Of course if your customer is one of a ever growing plethora of "minorities" then you will probably find yourself arrested for something or other.
     
  3. Yes. Anybody can use "reasonable force" to eject a trespasser. If he's making threats, by all means call the police.
     
  4. Schaden

    Schaden LE Book Reviewer

    Call the plod - remain calm and polite - I do the whole "I have asked you to leave the premises three times and am now calling the police" - if you're lucky they get arsey with overworked constable and get cuffed and dragged off...
     
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  5. I imagine Sinner will be along in a moment with the Oracle solution.

    However, I imagine that a shop can toss anyone they don't like out. It would leave them wide open to accusations in those circumstances, mind. 'Thrown out for complaining about faulty goods', the customer and possibly the local rag, will howl.

    Certainly a pub landlord doesn't have to admit you and he doesn't have to give you a reason either. In fact, I was advised on my BII NEVER to give a reason, the instructor citing the tossing out of your ethnics. 'It's OK to toss people out for being black', he grinned. 'The mistake would be telling them why.'
     
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  6. Correct me if I'm wrong, but Trespassing is a civil offence and in the sense described by the OP, it is 'trespass to land' ie entering without permission and is a tort (inter alia, not a criminal offence). However, in the case of a shop, it is reasonable to assume that the public have the right to enter the shop when going about their business. If a customer enters the shop with the intention to complain about goods (as in the case above), that is a lawful intent and it would, thus, be difficult to demonstrate 'trespass to land'.
     
  7. That would come under implied right to enter would it not? You'd become a trespasser when that right was revoked. IE, the owner telling you to **** off.
     
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  8. Agreed but Im more concerned about what the law states once they have been asked to leave.
     
  9. Ravers

    Ravers LE Reviewer Book Reviewer

    Proving that the customer damaged the product themselves maybe difficult.

    Under the sale of goods act:

    "Goods [must be] of 'satisfactory quality' - products must last a reasonable time and be free of defects"

    So basically unless your mate can 100% prove that the customer broke the item themselves, he is completely in the wrong, the customer has every right to enter the shop and demand a refund.
     
  10. I suspect that there is a difference between choosing not to serve them in the first place and dealing with them when they come in with a complaint.

    I think it is right to say that a shop owner can choose to serve/not to serve whoever he wants (but as has been said do NOT expose yourself to legal risk by giving reasons!). However, having chosen to serve them in the first place you have limited options for not dealing with any customer service issue they wish to raise related to the purchase.



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  11. You cannot use "reasonable force", the term for trespassing and use of force is "minimum force". This means the least amount or force necessary to remove the person.
     
  12. So spinning them around arm up back and marching them out onto the street is a no no?
     
  13. TheIronDuke

    TheIronDuke LE Book Reviewer

    Hmm. Your 'mate' will be fully aware of the position of his CCTV. So he should turn his back to the camera, smile and gently tickle the guy under the nuts. The guy will take a swing then your mate may twat the **** and claim self defense.
     
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  14. RTFQ ,The sale of goods act has nothing to do with my question , its about ejecting a customer who refuses to leave when asked and what force can be used .....bloody Matelote`s .
     
  15. Where are you getting 'minimum' from? Section 3 says 'reasonable' throughout.
     
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