Legal Question in Criminal Law in Illinois

Is it considered "Theft" if a business offers a free refill on a drink and the purchaser never claims their refill and abandons their claim (by leaving and/or giving their cup to you). Then the party in question redeems the refill, was "Theft" committed by redeeming the refill?

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How is "Theft" defined, legally?


Asked on 4/03/10, 5:33 pm

1 Answer from Attorneys
Stephen Messutta

Let's say a drink normally costs $1.50, and I sell you my free refill cup for $0.10. I think the point is that it depends on whether the business expects the offer it is making to be limited to the person buying the drink in the first place. If you buy the drink and let me drink it and then you go for the free refill, same difference -- if the business is offering a free drink for every one purchased, it really shouldn't matter who gets the free drink. You'd need to ask the business if the offer is limited as such.

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Answered on 4/17/10, 11:03 am


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