You most definately can. As an example, some years ago I owned several convenience stores. One night a drunk walked in, grabbed a $5.00 bottle of booze, threw down a $10.00 bill and walked out. He was charged and convicted of shoplifting. There was no "meeting of the minds" required for a purchase.
A judge would probably look at the circumstance of someone refusing an exit check but the store has every right to press charges. The terms of the sale have not been consumated.
Were you required to repay the drunk?
“”The terms of the sale have not been consumated.””
You keep saying that but none of us, including you have seen these additional terms of sale.
When I have my receipt and my goods, the transaction is over, and I don’t stop for searches.
I wonder how the ‘meeting of the minds’ is conducted in ‘self-help’ automated check out counters.
They told him the asking price, he paid, they accepted, they put his goods in a bag and gave them to him. AFAIK that completed the sale, so the check happens after the sale at a time when the goods are his property.