Supper Served: You take your seat in a restaurant and order supper.
Can't Pay! When you finish your supper, the waiter presents you with inevitable bill. On putting your hand in the pocket, you discover to your great consternation that you have no money to pay the bill; let us take it for granted that you have forgotten your wallet at home or the office.
No "WRONGFUL CONFINEMENT" OR ASSAULT! Has the restaurant keeper the right to prevent you from leaving the place until you pay up? No; he dare not bar your exit in any way, otherwise he will be guilty of the crime of "Wrongful Confinement".
He dare not pull you by the hand or in anyway physically obstruct you from going out, otherwise he will be guilty of the crime of assault.
NO DEFAMATION! Nor can he insult you before others: just because you are indebted to him, he has no right to defame you, and defamation is a crime. Surely, you have not cheated him in any way.
SECURITY FOR DEBT! Has he the right to take possession of any personal belonging of your eg. your coat or wrist-watch, or your hat hanging on the peg or your umbrella leaning against the wall?
NO POLICE! the police will not take up the matter, because its civil and not criminal.
NO PROMISORY NOTE! he cannot compel you to sign anything.
In order to prove your bonafides, you will be doing the right thing if you sign a chit for what you owe him, just like one signs a chit when buying something on credit.
HIS REMEDY! After all this suppose you fail to pay the price of the supper within a reasonable time! He can only go to a civil court and sue you for the price. If you have not given hime that chit, his waiter's evidence will count towards proving the case against you.
SECURITY FOR DEBT! In the above case, let us imagine that, on entering the restaurant, you entrust your hat and umbrella to the attendant whose duty is to take charge of customer's hats, umbrellas, etc. and look after them. In such a case, has the restaurant-keeper the right to refuse to hand over to you your hat and umbrella until you pay off your supper bill? Yes!