![]() If the legislature intended the definition of a gift certificate to include a tangible record promising that a certain good or service would be provided to the holder of the record, then it would not have been necessary for the legislature to include the phrase “to the value shown in the record.” The fact that the legislature did include that phrase in the definition indicates that it intended the definition of a gift certificate to be limited to records that promise that goods or services will be provided to the cash value shown in the record.Ĭourt of Appeals Judge Michael Kirk said the fact Wells paid a sales tax on his car wash purchase proves Wells bought a specific service, not a gift certificate. In order to analyze the plain and ordinary meaning of “value” in the context of gift certificates, it is relevant for us to consider how value is used in the dictionary definition of “gift certificate.” Thus, it is helpful to know that the dictionary definition of that term interprets the value of a gift certificate in terms of monetary value.īut the court said the Legislature didn't intend for a "gift certificate" to include a promise for a specific service. The decision hinged on an interpretation of the word, "value," the court said. tangible record evidencing a promise, made for consideration, by the seller or issuer of the record that goods or services will be provided to the owner of the record to the value shown in the record and includes, but is not limited to, a gift card, stored-value card, store card, or a similar record or card that contains a microprocessor chip, magnetic stripe, or other means for the storage of information, and for which the value is decreased upon each use. Here's the definition of "gift certificate" under the law (emphasis mine: No, the Minnesota Court of Appeals ruled today.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |