您的問題應該可以依據下列的資料來回答,在 TEX. PENAL CODE ANN. § 31.08(a)(1), (2)中的規定是,特別是section (1)中的規定,我們可以推定您們所需要負擔的商品價格必須是在您犯案當日,(非特定減價時間中)補償這個商品所需的價格,
同時fair market value,應該是the dollar amount the property would sell for in cash, given a reasonable time for selling 同時依據Nitcholas v. State, 524 S.W.2d 689, 690-91 (Tex. Crim. App. 1975)這個判例,The original purchase price can be an approximation of the fair market value if the item has been purchased recently.(因為您們第二天orginal purchasing price是商品的折扣價,所以我們可以推定在合理的時間之內,商品的折扣價可以是這個商品的fair market value.因此老貓會依此argue這個商品的定價不應該用在這個案件之中.
然而如果主審的法官認定商品的價格無法以當日的價格來決定,那麼在合理的時間內補償這個商品所需的價格為您所需要負責的價格,在這種情況下中您應該支付的是商品原來的價格而非特定時間之內的折扣價.
§ 31.08. VALUE. (a) Subject to the additional criteria
of Subsections (b) and (c), value under this chapter is:
(1) the fair market value of the property or service at
the time and place of the offense; or
(2) if the fair market value of the property cannot be
ascertained, the cost of replacing the property within a reasonable
time after the theft.
(b) The value of documents, other than those having a
readily ascertainable market value, is:
(1) the amount due and collectible at maturity less
that part which has been satisfied, if the document constitutes
evidence of a debt; or
(2) the greatest amount of economic loss that the
owner might reasonably suffer by virtue of loss of the document, if
the document is other than evidence of a debt.
(c) If property or service has value that cannot be
reasonably ascertained by the criteria set forth in Subsections (a)
and (b), the property or service is deemed to have a value of $500 or
more but less than $1,500.
(d) If the actor proves by a preponderance of the evidence
that he gave consideration for or had a legal interest in the
property or service stolen, the amount of the consideration or the
value of the interest so proven shall be deducted from the value of
the property or service ascertained under Subsection (a), (b), or
(c) to determine value for purposes of this chapter.
同時fair market value,應該是the dollar amount the property would sell for in cash, given a reasonable time for selling 同時依據Nitcholas v. State, 524 S.W.2d 689, 690-91 (Tex. Crim. App. 1975)這個判例,The original purchase price can be an approximation of the fair market value if the item has been purchased recently.(因為您們第二天orginal purchasing price是商品的折扣價,所以我們可以推定在合理的時間之內,商品的折扣價可以是這個商品的fair market value.因此老貓會依此argue這個商品的定價不應該用在這個案件之中.
然而如果主審的法官認定商品的價格無法以當日的價格來決定,那麼在合理的時間內補償這個商品所需的價格為您所需要負責的價格,在這種情況下中您應該支付的是商品原來的價格而非特定時間之內的折扣價.
§ 31.08. VALUE. (a) Subject to the additional criteria
of Subsections (b) and (c), value under this chapter is:
(1) the fair market value of the property or service at
the time and place of the offense; or
(2) if the fair market value of the property cannot be
ascertained, the cost of replacing the property within a reasonable
time after the theft.
(b) The value of documents, other than those having a
readily ascertainable market value, is:
(1) the amount due and collectible at maturity less
that part which has been satisfied, if the document constitutes
evidence of a debt; or
(2) the greatest amount of economic loss that the
owner might reasonably suffer by virtue of loss of the document, if
the document is other than evidence of a debt.
(c) If property or service has value that cannot be
reasonably ascertained by the criteria set forth in Subsections (a)
and (b), the property or service is deemed to have a value of $500 or
more but less than $1,500.
(d) If the actor proves by a preponderance of the evidence
that he gave consideration for or had a legal interest in the
property or service stolen, the amount of the consideration or the
value of the interest so proven shall be deducted from the value of
the property or service ascertained under Subsection (a), (b), or
(c) to determine value for purposes of this chapter.
