Author Topic: Cheating Attitude?  (Read 28115 times)

Offline Menachem613

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #60 on: March 04, 2019, 03:28:13 PM »
So it's bad to knock off 9% but totally reasonable  to knock off 10% for a cash payment demand?

Any discount is fine as long as taxes are charged on the (reduced) price.

Asking the Department of Motor Vehicles to not charge you tax on a cash transaction is another story. 

Offline Dan

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #61 on: March 04, 2019, 03:29:39 PM »
Any discount is fine as long as taxes are charged on the (reduced) price.
Lol, you think they were going to pay sales tax on a cash transaction?
Save your time, I don't answer PM. Post it in the forum and a dedicated DDF'er will get back to you as soon as possible.

Offline boruchmig

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #62 on: March 04, 2019, 03:35:10 PM »
He said he could knock 10% off if I paid cash.
Were you able to tell him  that you are getting more than 10 percent back using cc

Offline AsherO

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #63 on: March 04, 2019, 03:40:12 PM »
You make a mistake (albeit one that is not uncommon): you conflate breach of contract with breach of the law.

Breaching a contract is not unlawful, it simply subjects you to whatever liability you contractually agreed to incur (whether expressly or otherwise).  By way of example, if I agree to sell you 100 widgets at $100 per piece, but then I find another buyer at $1,000 per piece, I can -- not unlawfully -- choose to not sell to you, with the knowledge and understanding that I am subjecting myself to certain liability to you (which will vary by contract).  I will not become a suspect in a criminal investigation simply because I decided to not sell to you.

In short, one can remain a "very lovely great" person even if they decide to breach a contract.

[This is not to be construed as legal advice, for which you should seek a competent attorney.]

So it's not illegal, but isn't it unethical? From a layman's perspective I'd suppose the contract signifies both parties' intent to move forward with the transaction. The liability stated in the contract, for when each of the parties breach their side of the agreement, is their exposure were they to renege on the agreement, and the extent to which the other party can seek recourse.

I wouldn't assume that ethically I'm 100% entitled to breach contract unilaterally and tell the other party to "sue me!".

#IANAL
DDF FFB (Forum From Birth)

Offline chevron

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #64 on: March 04, 2019, 03:40:40 PM »
Lol, you think they were going to pay sales tax on a cash transaction?

Sure, if you buy gas with cash

Offline cmey

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #65 on: March 04, 2019, 03:55:13 PM »
Mods, can we split off this thread and move all of these posts to the new topic?

Offline cmey

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Offline Alexsei

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Offline Dan

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #68 on: March 04, 2019, 04:18:37 PM »
Good grief, where did they find a 16 year old picture of me?
Save your time, I don't answer PM. Post it in the forum and a dedicated DDF'er will get back to you as soon as possible.

Offline Alexsei

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #69 on: March 04, 2019, 04:20:08 PM »
Good grief, where did they find a 16 year old picture of me?
Just google image search "dans deals" it's the 10th result
Jews ≠ Zionists
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Offline Dan

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #70 on: March 04, 2019, 04:23:57 PM »
Save your time, I don't answer PM. Post it in the forum and a dedicated DDF'er will get back to you as soon as possible.

Offline chevron

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #71 on: March 04, 2019, 04:25:13 PM »
Good grief, where did they find a 16 year old picture of me?

you look the same

Offline cmey

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #72 on: March 04, 2019, 04:50:36 PM »
A lot of Twerski seeming to want to frame the victims as “investors” and Dan setting the record straight that these were not investors; they were plain and simple victims. Thanks Dan for setting that straight.

Offline Ephraimh

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #73 on: March 04, 2019, 05:22:08 PM »
Lol, you think they were going to pay sales tax on a cash transaction?
Maybe, maybe not, but giving a better price on cash is common practice.
I was in court last week for a speeding ticket potentially costing me 4 points on my license, after the judge agreed to settle and convert my ticket to a 0 point $250 non-moving violation, the clerk turns to me and says “I recommend you pay with cash, because with credit card we have to charge you more”.. mind you, the judge sat right there and nodded along in agreement, I doubt the judge and his clerk were colluding in some shady business..

Offline shapsam

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #74 on: March 04, 2019, 05:27:03 PM »
Maybe, maybe not, but giving a better price on cash is common practice.
I was in court last week for a speeding ticket potentially costing me 4 points on my license, after the judge agreed to settle and convert my ticket to a 0 point $250 non-moving violation, the clerk turns to me and says “I recommend you pay with cash, because with credit card we have to charge you more”.. mind you, the judge sat right there and nodded along in agreement, I doubt the judge and his clerk were colluding in some shady business..
That's because there's CC processing fees, same with the IRS.

Offline LoLo

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #75 on: March 04, 2019, 05:27:28 PM »
Maybe, maybe not, but giving a better price on cash is common practice.
I was in court last week for a speeding ticket potentially costing me 4 points on my license, after the judge agreed to settle and convert my ticket to a 0 point $250 non-moving violation, the clerk turns to me and says “I recommend you pay with cash, because with credit card we have to charge you more”.. mind you, the judge sat right there and nodded along in agreement, I doubt the judge and his clerk were colluding in some shady business..
A CC processing fee is normal, but it ain't 10%.

Online Shotguns

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #76 on: March 04, 2019, 05:28:49 PM »
Also, unlike a cash purchase a credit card transaction may be disputed later.

Offline eliraps

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #77 on: March 04, 2019, 05:29:11 PM »
You make a mistake (albeit one that is not uncommon): you conflate breach of contract with breach of the law.

Breaching a contract is not unlawful, it simply subjects you to whatever liability you contractually agreed to incur (whether expressly or otherwise).  By way of example, if I agree to sell you 100 widgets at $100 per piece, but then I find another buyer at $1,000 per piece, I can -- not unlawfully -- choose to not sell to you, with the knowledge and understanding that I am subjecting myself to certain liability to you (which will vary by contract).  I will not become a suspect in a criminal investigation simply because I decided to not sell to you.

In short, one can remain a "very lovely great" person even if they decide to breach a contract.

[This is not to be construed as legal advice, for which you should seek a competent attorney.]

So hidden city for example, is legal. Ours just a breach of contract? Is this correct?

Offline Denverite

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #78 on: March 04, 2019, 05:33:14 PM »
Do you actually read the T&C every time you sign that you did? Or are you depending on summaries of the T&C by other people?

I'll admit I don't necessarily read every page every time but because we own multiple businesses and need our lines of credit I do selfishly pay more attention than most, honestly simply because I don't want to cause harm to myself. I also admit that I've traded Hilton nights for Ritz nights and bought week Marriott certificates from awesome DDFers because I justified to myself that it's not "the same" as selling points, or swiping for others.  These tremendous losses we are seeing, scams, etc. have convinced me personally that even if these things are halachically allowed I want to stay far away from these other practices that have hurt so many others. 

I doubt denverite meant anything malicious. But it would not surprise me if people (even other frum Jews) view many in the yeshivish/chasidish communities as not caring about secular law. Warranted or not, that's the stereotype.

I really didn't mean to imply this and I just didn't have the secular legal or halachic knowledge to ask the question correctly.  All things being equal, I'd always rather do business with someone who takes halacha seriously and hareidi people are very likely to do so.  Although you are correct that many people do have this stereotype and even as an OOTer sometimes we just don't understand how things go on in larger communities that just wouldn't happen here.  I'm not trying to blame the many good people who are vicitims or even knowingly just good people trying to earn a few extra dollars.  I really was trying to understand how sincere frum people discuss how to do some of the practices for hundreds of pages on here and how frum newspapers can halachically place ads for swiping and cc farms or a YESHIVA (I still can't really believe that even with posts confirming it) can ask their parents to break a contract, in return for discounted tuition.  These people care about Das Torah so then how can they advocate breaking a contract?

Again I should have used that breach of contract term from the beginning, instead of stealing and I do appreciate you giving me the benefit of the doubt.

Mi shepara doesn't apply to a goy afaik but I could be wrong.

THIS is what I was trying to get at.  People can call me disgusting or judgmental or spreading bad stereotypes but if this is how the Psak falls on these issues then maybe that's how Torah based businesses and mosdos are literally advertising and promoting these practices?   And I hate to put it in writing but I guess it's the halacha, if breaking a contract with a Jew IS different than with a non-Jew and if people don't want this known in the outer world (I certainly don't, it's making me nauseous just thinking about it) then maybe the Torah world should address the Chillul HaShem factor as part of their shailas and Psak.
« Last Edit: March 04, 2019, 06:47:48 PM by Denverite »

Offline Ephraimh

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Re: Re: PSA: Don't swipe recklessly for others
« Reply #79 on: March 04, 2019, 05:48:11 PM »
A CC processing fee is normal, but it ain't 10%.
That's because there's CC processing fees, same with the IRS.
I see.
Sounded from her that there are other fees involved as well (to quote the judge “yeah, it’ll be super expensive”) but I might be wrong.

Ok, back on topic! Where are we with Mi Shepara?