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Horry  
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 More options Nov 6, 11:16 am
Newsgroups: aus.tv, aus.legal
From: Horry <horacewach...@gmail.com>
Date: Fri, 6 Nov 2009 00:16:11 +0000 (UTC)
Local: Fri, Nov 6 2009 11:16 am
Subject: Re: Cashback crap

You could be talkback radio, pray tell?

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Sylvia Else  
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 More options Nov 6, 11:36 am
Newsgroups: aus.tv, aus.legal
From: Sylvia Else <syl...@not.at.this.address>
Date: Fri, 06 Nov 2009 11:36:59 +1100
Local: Fri, Nov 6 2009 11:36 am
Subject: Re: Cashback crap

All payments for doing work are the result of a negotiation. There is no
intrinsic right to payment just because you do some work. You are free
to ask Coles whether they're willing to pay you for the work of doing
your own checkout.

And they're free to say no. You then have a choice of not doing the
work, or doing it without payment.

> BTW, can I claim to have been illegally detained by Coles if I have to spend
> long enough in a queue?

No, of course not. You're not being detained. You can leave whenever you
want to. You just can't take your shopping because it's not your property.

>> While I don't doubt that these checkouts have been installed to boost
>> store profits, and not out of some sense of social obligation on the
>> part of the retailer, you're only using time you would have used
>> watching the chekout chick do the work, and the extra exercise is
>> probably good for you.

> By that logic

By what logic?

I should do the work of, say, Jim's Mowing, should I employ them

> to mow my lawn. I pay them to bring the equipment, which I then use to mow my
> lawn, thereby gaining the benefit of exercise while the poor employee from Jim's
> is sitting in his vehicle listening to music and getting fat eating a hamburger.

Sylvia.

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Coach  
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 More options Nov 6, 11:49 am
Newsgroups: aus.tv, aus.legal
From: Coach <suv...@yahoo.fr>
Date: Thu, 5 Nov 2009 16:49:46 -0800 (PST)
Local: Fri, Nov 6 2009 11:49 am
Subject: Re: Cashback crap
On Nov 6, 10:12 am, "DavidW" <n...@email.provided> wrote:

Not really.  The basic point is still valid whether he's listening to
music or listening to talkback radio.

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DavidW  
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 More options Nov 6, 11:52 am
Newsgroups: aus.tv, aus.legal
From: "DavidW" <n...@email.provided>
Date: Fri, 6 Nov 2009 11:52:21 +1100
Local: Fri, Nov 6 2009 11:52 am
Subject: Re: Cashback crap

And being detained unreasonably in a queue.

> or doing it without payment.

>> BTW, can I claim to have been illegally detained by Coles if I have
>> to spend long enough in a queue?

> No, of course not. You're not being detained. You can leave whenever
> you want to. You just can't take your shopping because it's not your
> property.

But I have been attracted there on the understanding that I can buy goods there
and pay for them and exit the store in a reasonable amount of time. I have
wasted my time finding and collecting the items - finding is particularly time
consuming - if the amount of waiting time becomes so unreasonable that I have to
abandon my goods.

In fact, you would think that the store owners would be anxious to collect their
payment very quickly, so if I have to wait excessively I can only conclude that
they don't want it and that I should be able to just walk out with the goods,
telling the staff that they are quiite welcome to the payment if only they would
collect it from me.

>>> While I don't doubt that these checkouts have been installed to
>>> boost store profits, and not out of some sense of social obligation
>>> on the part of the retailer, you're only using time you would have
>>> used watching the chekout chick do the work, and the extra exercise
>>> is probably good for you.

>> By that logic

> By what logic?

By the logic, or the reasoning, that I'm only using time the chick would have
used and that I would benefit from the exercise.


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Sylvia Else  
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 More options Nov 6, 12:34 pm
Newsgroups: aus.tv, aus.legal
From: Sylvia Else <syl...@not.at.this.address>
Date: Fri, 06 Nov 2009 12:34:46 +1100
Local: Fri, Nov 6 2009 12:34 pm
Subject: Re: Cashback crap

I think you misunderstand the meaning of "detained". When you're
detained you have no choice about staying. Either you're physically
retrained, or it's been made apparent that you will be if you attempt to
leave.

You may not like waiting in a queue, but doing so is your choice. You
can remain in the queue to obtain whatever service is available at the
far end of it, or you can depart, and do without the service. So you're
not detained.

You're also not detained if you've given prior, possibly implied,
consent to having to wait in a queue where departing is not a practical
option, as for example, when waiting to get out of a station through a
ticket barrier.

>> or doing it without payment.

>>> BTW, can I claim to have been illegally detained by Coles if I have
>>> to spend long enough in a queue?
>> No, of course not. You're not being detained. You can leave whenever
>> you want to. You just can't take your shopping because it's not your
>> property.

> But I have been attracted there on the understanding that I can buy goods there
> and pay for them and exit the store in a reasonable amount of time. I have
> wasted my time finding and collecting the items - finding is particularly time
> consuming - if the amount of waiting time becomes so unreasonable that I have to
> abandon my goods.

You might have grounds to some sort of breach of contract action (I
wouldn't give much for your chances though), but they're not detaining you.

> In fact, you would think that the store owners would be anxious to collect their
> payment very quickly, so if I have to wait excessively I can only conclude that
> they don't want it and that I should be able to just walk out with the goods,
> telling the staff that they are quiite welcome to the payment if only they would
> collect it from me.

Sometimes, it's true, store owners seem to want actively to discourage
customers from bying stuff. Target is like that. But your option is not
to buy from them. You can't just walk out saying that they can have
payment if they collect it, because the goods are not yours until the
store has accepted payment for them, and they're not obliged to accept
payment. Theoretically, you could arrive at the checkout desk, only to
have the store say that they don't want to sell the goods to you. It
would be a bizarre thing for a retailer to do, of course, but legally,
it's possible.

>>>> While I don't doubt that these checkouts have been installed to
>>>> boost store profits, and not out of some sense of social obligation
>>>> on the part of the retailer, you're only using time you would have
>>>> used watching the chekout chick do the work, and the extra exercise
>>>> is probably good for you.
>>> By that logic
>> By what logic?

> By the logic, or the reasoning, that I'm only using time the chick would have
> used and that I would benefit from the exercise.

I don't see how your conclusion follows from that.

>>> I should do the work of, say, Jim's Mowing, should I employ them
>>> to mow my lawn. I pay them to bring the equipment, which I then use
>>> to mow my lawn, thereby gaining the benefit of exercise while the
>>> poor employee from Jim's is sitting in his vehicle listening to
>>> music and getting fat eating a hamburger.

Sylvia.

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DavidW  
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 More options Nov 6, 12:49 pm
Newsgroups: aus.tv, aus.legal
From: "DavidW" <n...@email.provided>
Date: Fri, 6 Nov 2009 12:49:38 +1100
Local: Fri, Nov 6 2009 12:49 pm
Subject: Re: Cashback crap

You're not saying anything very encouraging here. You even make it sound as
though Coles has me over a barrel.

>>>>> While I don't doubt that these checkouts have been installed to
>>>>> boost store profits, and not out of some sense of social
>>>>> obligation on the part of the retailer, you're only using time you would
>>>>> have
>>>>> used watching the chekout chick do the work, and the extra
>>>>> exercise is probably good for you.
>>>> By that logic
>>> By what logic?

>> By the logic, or the reasoning, that I'm only using time the chick
>> would have used and that I would benefit from the exercise.

> I don't see how your conclusion follows from that.

I have selected another example and applied to it the principle on which you
based your conclusion above that I am not actually losing anything by using the
DIY checkout (sorry, that I am actually _gaining_ by it), despite the fact that
I am doing work that I didn't do when I used the express line and people with
loaded trolleys don't do. Is it that hard to follow?


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Sylvia Else  
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 More options Nov 6, 12:54 pm
Newsgroups: aus.tv, aus.legal
From: Sylvia Else <syl...@not.at.this.address>
Date: Fri, 06 Nov 2009 12:54:20 +1100
Local: Fri, Nov 6 2009 12:54 pm
Subject: Re: Cashback crap

DavidW wrote:
> You're not saying anything very encouraging here. You even make it sound as
> though Coles has me over a barrel.

I think that's overstating it. All it means is that you either have to
accept the terms on which Coles agrees to trade with you, or not trade
with them. You can't expect to force them to trade with you on your
terms any more than they can force you to trade with them on theirs.

Yes. The problem lies in the word "should" (where it has a meaning akin
to "must"). Write "could" and I'd have no difficult with it, but then it
wouldn't make the point you want.

Sylvia.


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DavidW  
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 More options Nov 6, 1:11 pm
Newsgroups: aus.tv, aus.legal
From: "DavidW" <n...@email.provided>
Date: Fri, 6 Nov 2009 13:11:08 +1100
Local: Fri, Nov 6 2009 1:11 pm
Subject: Re: Cashback crap

Sylvia Else wrote:
> DavidW wrote:

>> You're not saying anything very encouraging here. You even make it
>> sound as though Coles has me over a barrel.

> I think that's overstating it. All it means is that you either have to
> accept the terms on which Coles agrees to trade with you, or not trade
> with them.

With milk there at $1.37/L and >$2.00/L anywhere I don't have the same poor
choice of checkout options, they effectively _do_ have me over a barrel. (Bear
in mind that the milk price was the same before the express lane was
eliminated.)

Can you just explain why I should not feel that I gain in the mowing example
just as I apparently do at the DIY checkout, or do you believe that I do also
gain by doing the mowing instead of the guy from Jim's? (Most wouldn't.)


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Sylvia Else  
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 More options Nov 6, 1:31 pm
Newsgroups: aus.tv, aus.legal
From: Sylvia Else <syl...@not.at.this.address>
Date: Fri, 06 Nov 2009 13:31:11 +1100
Local: Fri, Nov 6 2009 1:31 pm
Subject: Re: Cashback crap

DavidW wrote:
> Sylvia Else wrote:
>> DavidW wrote:

>>> You're not saying anything very encouraging here. You even make it
>>> sound as though Coles has me over a barrel.
>> I think that's overstating it. All it means is that you either have to
>> accept the terms on which Coles agrees to trade with you, or not trade
>> with them.

> With milk there at $1.37/L and >$2.00/L anywhere I don't have the same poor
> choice of checkout options, they effectively _do_ have me over a barrel. (Bear
> in mind that the milk price was the same before the express lane was
> eliminated.)

You seem to be indicating that you'd feel less oppressed by Coles if
they charged you $2.00 per litre. If it will make you feel better, you
can send the 63 cents difference to me each time you buy some milk.

I didn't say you should feel that you gain in the DIY case, just that
there was an arguable benefit that accrues to you at no cost.

The obvious difference from the Jim's Mowing example is that there you
have the clearly cheaper course open to you of owning the required
equipment and doing the work yourself. When looking to see whether
there's a benfit, you have to make sure you're comparing with the right
alternative.

Sylvia.


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Horry  
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 More options Nov 6, 5:18 pm
Newsgroups: aus.tv, aus.legal
From: Horry <horacewach...@gmail.com>
Date: Fri, 6 Nov 2009 06:18:15 +0000 (UTC)
Local: Fri, Nov 6 2009 5:18 pm
Subject: Re: Cashback crap

BUMP

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Horry  
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 More options Nov 8, 12:51 am
Newsgroups: aus.tv, aus.legal
From: Horry <horacewach...@gmail.com>
Date: Sat, 7 Nov 2009 13:51:41 +0000 (UTC)
Local: Sun, Nov 8 2009 12:51 am
Subject: Re: Cashback crap

No reply, pray tell?

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