No where I have I seen any attempt to justify loss prevention searches as being part of the purchase contract. I do give you credit for a new and novel approach. However under it, if I do not purchase anything, the merchant could not ask someone to open their purse or other containers they have with them.
Common law instead has provided “shopkeepers privilege” which is quite narrow in scope, though some would have us believe otherwise.
Many elements of a contract are post consideration. An agreement for delivery or warranty service are post consideration but fully enforceable.
- Since it is not imposed uniformly, it may be considered outside of the contract
While some degree of consistency may be required to establish policy, the vendor is free to waive his rights if he so chooses.
- Since it is not an explicit part of negotiations (posted signs may not be considered part of the contract) there is no agreement to search in the contract.
Again the store is free to set terms and conditions of a sale and establish their method of business. I consider it advisable to clearly post those terms but if their business model requires an exit check, they are free to require it. If you object to any part of the transaction, it is up to you to raise the issue and negotiate. Posted signs are part of the contract. Joe Grocer is free to put a sign up that says "10% will be added to the bill of all ugly people" I can argue that my ugly is only worth an extra 5% but unless I bring it up, I am going to pay an extra 10%.