Question:

If one were to use a gym where their was a posted sign saying something akin to “bandages, or gloves must be used while using punching bags”, would it be considered stealing to use the bags without any such protection? Would it make any difference if the bags themselves were hung on ceiling hooks by a chain? I suppose it brings to question if an item can be stolen if it remains more or less chained where the owner left it, even as its being used in a way which they may not wish it. Further, if this act does count as theft, how would the act of repayment work? Would you have to pay for a fifth of the price of the bag each time you strike it, or otherwise use the bag against the posted rules?

 

Answer:

 

Included in not stealing is using someone else’s item in a way that they do not permit, ( it is similar to borrowing thier item without permission). Therefore if the owner is indeed particular that the punching bag not be used without gloves, we may not do so.  Stealing is not limited to removing the item from its place. (For example- one may not park their car in someone else’s driveway, (especially if it is obvious that the owner does not allow it, i.e. there is a “no parking” sign). I don’t understand why there would be a difference if the bag is hanging from the ceiling or not.

Regarding repayment, if the item did not decrease in value, then there is nothing for you to compensate, so you wouldn’t have to pay him anything. The rule of paying back the item plus a fifth is only if the person swore that he didn’t steal the item, and not in this case.  Pease see the following post http://dinonline.org/2017/07/10/does-unauthorized-use-over-multiple-instances-require-multiple-compensations/

Sources:

 

Tags: stealing theft

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