Spectator N0. 2679 : Choc-A-Block By Doc
Crosswords4 mins ago
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For more on marking an answer as the "Best Answer", please visit our FAQ.If somebody sells something that they do not own (or have good title to) but pretend that they do then they do indeed act fraudulently. The subsequent sale is void, the true owner of the goods can rightfully recover them and the purchaser may pursue the fraudulent vendor for return of their purchase goods or money, or damages if a service was rendered.
An example: Mr. Awful comes into possession of a stolen car belonging to Mr. Nice. He then sells it to Mr. Gullible for �3,000. Later the police discover the car, and return it to its rightful owner, Mr. Nice. Mr. Gullible protests that he bought it "in good faith" not suspecting that it was stolen, so he should still keep the car. After all, he paid "good money" for the car. It is explained to Mr. Gullible that despite what he might have thought at the time of the sale, Mr. Awful had no right to sell what was not his and that Mr. Gullible must try to recover the �3,000 from Mr. Awful, as in consequence, he has no right to own that either.
In the case of the hotel worker selling their perquisite, then I suspect that if they had made the reservation, thus gaining possession, then sold that possession on to a third party then no fraud would be committed. However, it might be a condition of the supply of the perquisite by the hotel to its staff that they are forbidden from selling it on. So here it is not a case of falsely claiming ownership, but falsely claiming the ability to sell, being constrained by the hotel/employee contract. So any attempt at a sale under these circumstances would be void being the result of a criminal deception to gain pecuniary advantage i.e. fraud.
If the person works in the hotel and is making money without the boss's permission, this is more like thieft (from the employer) not fraud.
A normal customer who has paid for the room for the night would be entitled to sell it on if they cancelled the holiday fro example.
What to do about it. Report the thief.