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Legal Definitions - false weight

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Definition of false weight

The term "false weight" refers to any measuring device or standard that provides an inaccurate measurement. This inaccuracy can arise in two main ways: either the device fails to meet official government regulations for precision and calibration, or it deviates from the commonly accepted and customary measurement practices within a specific industry or location. Essentially, a false weight is a tool that gives an incorrect reading, which can lead to unfair transactions or misrepresentations.

Here are some examples to illustrate this concept:

  • Grocery Store Scale: Imagine a butcher shop that uses a scale to weigh meat for customers. If this scale has been tampered with or is poorly calibrated, and consistently shows a weight that is 5% less than the actual weight of the meat, it is considered a false weight.

    Explanation: When a customer purchases a pound of steak, they are actually receiving only 0.95 pounds but are charged for a full pound. This scale represents a "false weight" because it does not comply with the governmental standards for accurate commercial scales, leading to the customer being short-changed.

  • Construction Material Measurement: Consider a lumber yard that sells wood by the linear foot. If the measuring device they use, such as a marked table or a roller counter, is slightly off and consistently indicates a longer length than the actual wood piece, it's a false measure.

    Explanation: If a contractor orders 100 feet of lumber, they might receive only 98 feet but be charged for 100 feet. This measuring device constitutes a "false weight" (in this case, a false measure of length) because it does not provide an accurate measurement according to standard units, causing the buyer to pay for more material than they receive.

  • Fuel Pump Dispenser: Picture a gas station where a fuel pump is malfunctioning or has been illegally altered to dispense slightly less gasoline than what is displayed on the pump's meter.

    Explanation: When a driver fills their tank and the pump reads "15 gallons," they might actually be receiving only 14.7 gallons. This pump is using a "false measure" because it fails to meet the government standards for fuel dispenser accuracy, resulting in customers paying for fuel they did not actually receive.

Simple Definition

A false weight is a weight or measure that does not meet government-prescribed standards. It also refers to any weight or measure that fails to comply with the prevailing custom in the specific business or location where it is used.

A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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