Cashless Society - Ultimate Control
- Thread starter Holdfast
- Start date
That's correct provided the customer pays up-front. For example if you went into a restaurant, ate a meal, then found out they only accept cards. If after eating you offered cash payment, legally you have offered payment, and they have refused.
What I'm getting at is they can't allow you to incur a debt first. Because if they do, and refuse legal tender (i.e. cash), they won't have any legal standing.
I think you'll find if they adequately advertised it was card only on the entry of the premises they wouldn't be legally bound to accept cash. But then the argument would be if the signage was sufficient enough or adequate notice was given, and the onus would be on the business owner to prove that to the courts. It would be within the restaurants best interests to accept cash payment in this instance.
Not entirely correct. Even if there were a sign, and you created a debt with that business, the legal tender law requires that they accept cash as settlement if it's offered.
Legal tender in Australia means that if a debt already exists, the creditor is obliged to accept payment in legal tender to discharge the debt.
However, a business can refuse to enter into a transaction in the first place or set conditions of payment before a debt is created.
There's also the fact that you're not legally obligated to have a bank account or credit card. The courts won't make you get a bank account or credit card if you've offered legal tender (cash) as settlement.
I guess that's the technicality of providing a service and creating a debt prior to receiving payment. Businesses definitely have a duty to give their customers notice they don't accept cash before engaging in services. I still feel there's be a bit of grey area when a business adequately informs the customer prior to providing a service. The customer is essentially engaging in a contract with specified terms.
Personally, I believe all businesses should be forced to accept cash with no exceptions.