Business & Professions Code 12024.1 BPC
BPC 12024.1 – Misrepresentation of Charge for Service
Misrepresentation of Charge for Service – Table of Contents
BPC 12024.1 – Overview
It is unlawful for any person by himself or through another to willfully misrepresent a charge for service on its premises any service offered by weight, time, measure, or count.
How are weights, times, measures, or counts specified under Business and Professions Code 12024.1 BPC?
The National Bureau of Standards is the association that defines basic units of weights, measure, time, and counts in the State of California. It follows the metric system. Examples of units of weights are litter, ounces, troy ounce, grams, pounds, karats, and carats. Example of units of measure include meters, yards, and feet. Examples of units of time are minutes, seconds, and nanoseconds. Examples of units of counts are a pair, a dozen, a ream, a 12-pack, or 6-pack. Most miscellaneous units of weights, times, measurements, and counts can be found under the Bureau of Standards. Examples would include pecks, apothecary, grains, bushels, fluid dram, hogshead, heap, and a miner’s inch.
What kinds of instruments are used to account for units of weights, times, measures, or counts under Business and Professions Code 12024.1 BPC?
A weighing instrument is any device, contrivance, apparatus, instrument used, designed for use, for ascertaining weight and includes any tool, appliance, or accessory used. A measuring instrument is any device, contrivance, apparatus, instrument used, designed for use, for ascertaining measure and includes any tool, appliance, or accessory used. A time instrument is any device, contrivance, apparatus, instrument used, designed for use, for ascertaining time and includes any tool, appliance, or accessory used. A counting instrument is any device, contrivance, apparatus, instrument used, designed for use, for ascertaining counts and includes any tool, appliance or accessory used.
What are examples of commercial services that utilize a basis of weight, time, measure, or count under Business and Professions Code 12024.1 BPC?
Devices or instruments utilized are taximeters, odometers, timing devices, parcel scales, shipping scales and bale hay pressers.
What is the mental state for a violation of Business and Professions Code 12024.1 BPC?
The mental state for a violation of Business and Professions Code 12024.1 BPC, is willful. Willful is the conscious awareness to complete an act, and even desiring the act to be completed even if it is unlawful and can result of substantial bodily harm. As applied to Business and Professions Code 12024.1 BPC, the State must prove, beyond a reasonable doubt that the accused; was a licensed dealer in the trade of the commodity at issue; and the accused consciously desired to engage an offer for a contract for services determinant by the unit of weight, measure, time or count; and the accused’s solicitation was for a specified unit for price agreed by another; but the accused consciously desired to otherwise provide the specified unit for price, or misrepresented the particulars of the commodity desired by the customer; to the customer’s detriment for personal gain; and reasonably understood the circumstances that would result.
BPC 12024.1 – Sentencing
A violation of Business and Professions Code 12024.1 BPC is charged as a misdemeanor. Penalties include confinement not exceeding 1 year in jail, with fines not exceeding $1,000 dollars.
What are examples of violations of Business and Professions Code 12024.1 BPC?
- Zahdi Jewelers, known for selling all Gold Products from Saudi Arabian Souks had a new client, Tina. Tina wanted 5 pounds of Gold calculated per troy ounce at the current spot rate. The Jeweler’s appraiser, Weiss calculated the total amount to be $225,000 dollars. Tina paid the price. Tina took the Gold to another appraiser and was told the current spot price was $113,000 dollars. The appraiser weighted the Gold, which came out to be 6 pounds. Tina called the police and Zahdi was arrested.
- Jessie and Stan wanted to purchase a VZ emerald cut diamond for their friends as a wedding gift. They went to a private dealer. They were quoted a price of $400,000 dollars. The couple asked for a quote list, for which the dealer declined to provide. The couple went to another dealer in “Diamond Row” and received a counteroffer of $65,000 dollars, and a written quote list. Jessie and Stan called the police. The police after an investigation arrested the private dealer.
BPC 12024.1 – Defenses
- Where was no contract, nor offer to sale any services.
- The accused is not a third-party beneficiary to the contract.
- There as a modification to the contract that corresponds to the subject of the inaccurate unit of measurement, weight, time, or count.
Misrepresentation of Charge for Service – Hire Us
If you are charged with a violation of Business and Professions Code 12024.1 BPC, call Kelmansky Law, APLC.
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