How does one rent a car without consent?
If it were indeed possible to do so, it would still constitute a commodity model. One party performs a service for the other for which the service provider is compensated in cash.
…He’s still in party mode. He’s screaming “YEEAAAH!! BROOOO!” in response to basically everything I say. He can hardly stand up straight. I set him down on the couch and say “dude, you mind if I take these?” while pointing at the car keys. He’s continuing to babble senselessly. I take the car and drive off.
To continue:
I complete the errand for which I have borrowed the car. After stopping to replace the fuel that I burned, I return the car unharmed. While my friend is still laying on the couch screaming, “YEEAAAH!! BROOOO!” I return the keys to the place I found them and leave.
Am I likely to be prosecuted for grand theft auto?
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Does it matter whether I was drunk too?
In the case of car borrowing, if both of us were unable to stand up, then neither of us would be able to drive the car in the first place.
In the case of a sexual transaction, if both parties are too intoxicated to consent, then who is the rapist? I would solve that dilemma by doing away with the concept of “too intoxicated to consent” entirely.
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My friend agrees to loan me his car so I can pick up a few items at the store. I have almost reached my destination when my phone rings. My friend has called to tell me that he has changed his mind and asks that I return his car immediately. On completing the conversation, I notice that I have arrived at the entrance to the store’s parking lot. I turn into the lot, enter the store, purchase the items that I have come for and return to the car. I drive back to my friend’s house and return his car.
Has he loaned me the car?
Am I guilty of grand theft auto?
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I am sitting on a bar stool sipping beer when a woman walks through the front door. She looks around for a minute, then she takes a seat on the empty stool next to mine. She orders a beer and initiates a conversation with me. When we have each come to the bottom of our respective glasses I offer to buy the next round.
She explains to me, “I am an alcoholic, I will always accept an offer of a drink, even if I am just taking advantage of the one who is offering.”
I order a round anyway and the conversation continues. As the evening wears on she decides to go home and she invites me to accompany her with a suggestion that I might “borrow her car.” As we walk towards her residence we encounter an aquaintance of hers who is drinking from a whiskey bottle. He offers us a swallow. I decline since I have already had a sufficient quantity. She accepts and takes several large gulps. As we enter the building one of her neighbors is in the corridor and he also offers us some whiskey from a bottle. Once again, she accepts and I decline.
As we enter her apartment she begins to wobble. She reaches her bed, falls onto it and promptly descends into a deep sleep. Even though I know that she has already mentioned that she was anticipating having me “borrow her car”, I realize that I, too, am reasonably intoxicated. I would probably have difficulty trying to “drive the car.” I would need her to explain how to operate all of the knobs and buttons on the unfamiliar dash panel. Without her participation I would only become confused. I decide I would be better off calling it a night with the hope that I might return at some future time and take her for a spin.
A couple of days later we are having a conversation. She explains to me that the next time we are together and she has passed out from drinking she would like for me to “borrow her car” anyway.
Has she loaned me her car?
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