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Interesting eBay Lawsuit

Discussion in 'Classic Menswear' started by California Dreamer, Aug 1, 2007.

  1. DNW

    DNW Senior member

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    Exactly. The only somewhat binding agreement between seller and buyer was furnished by ebay and that agreement states that NOTHING is guranteed. Once you accept that nothing is guaranteed you have no law-suit. There is no other agreement between buyer and seller other than that provided by ebay. Is this not clear enough?
    That's in what's called the indemnification section. If you have taken a basic contract class, you would've known that it does not pertain to the contract executed between the two parties, i.e. the buyer and seller. Once again, the buyer is not suing eBay.
     
  2. dkzzzz

    dkzzzz Senior member

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    That's in what's called the indemnification section. If you have taken a basic contract class, you would've known that it does not pertain to the contract executed between the two parties, i.e. the buyer and seller. Once again, the buyer is not suing eBay.

    Could you refer me to the contract between two parties?
    Where is that text, please?
     
  3. odoreater

    odoreater Senior member

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    Exactly. The only somewhat binding agreement between seller and buyer was furnished by ebay and that agreement states that NOTHING is guranteed.
    Once you accept that nothing is guaranteed you have no law-suit.

    There is no other agreement between buyer and seller other than that provided by ebay.

    Is this not clear enough?


    Um, no. No agreement is furnished by ebay. The agreement is directly between buyer and seller. All that's required for a contract is: offer, acceptance, consideration. Once you have all three - you have a contract. If the listing on ebay is considered an offer and the bid is considered an acceptance (obviously there's consideration) - you have a contract.

    I'm just scratching my head as to why I'm explaining elementary contract law to someone who obviously just doesn't get it.

    Could you refer me to the contract between two parties?
    Where is that text, please?


    Exhibit A evidencing that dkzzzz knows absolutely zero about contract law.
     
  4. dkzzzz

    dkzzzz Senior member

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    Exhibit A evidencing that dkzzzz knows absolutely zero about contract law.


    This is absolutely true. I know nothing of it.

    To my uneducated mind: if there is no explicit and written contract that both parties agreed to....: there is no contract.
     
  5. DNW

    DNW Senior member

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    This is absolutely true. I know nothing of it.

    To my uneducated mind: if there is no explicit and written contract that both parties agreed to....: there is no contract.


    Auction listing (offer) + bid (acceptance) = contract.
     
  6. odoreater

    odoreater Senior member

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    This is absolutely true. I know nothing of it.

    To my uneducated mind: if there is no explicit and written contract that both parties agreed to....: there is no contract.


    So, if you know nothing of it, then why do you make a post in this thread, that, in its tone, appears to be absolutely certain of the information expressed in the post?

    Thank god society is not ordered under the dkzzzz system of contract law where people are not bound by the agreements they make unless those agreements are reduced to writing.
     
  7. dkzzzz

    dkzzzz Senior member

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    So, if you know nothing of it, then why do you make a post in this thread, that, in its tone, appears to be absolutely certain of the information expressed in the post?

    Thank god society is not ordered under the dkzzzz system of contract law where people are not bound by the agreements they make unless those agreements are reduced to writing.



    Actually most agreements "reduced" to writing that is why you have a job.
     
  8. odoreater

    odoreater Senior member

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    Actually most agreements "reduced" to writing that is why you have a job.

    Actually, most agreements are not "reduced" to writing. In fact, I'd be willing to bet that 99.9999999999999999% of agreements are not reduced to writing. Every time you buy an ice cream from the ice cream man you are forming a contract (he "offers" the ice cream, and you "accept" by paying for it = contract) - and that contract is not reduced to writing. Millions and millions of contractual transactions occur every day that are not put into a writing.

    Again, this is further proof that you have absolutely no idea what you are talking about.

    If all agreements were reduced to writing, my job would be a million times easier.
     
  9. marc237

    marc237 Senior member

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    Actually most agreements "reduced" to writing that is why you have a job.

    While it is true that many agreements (contracts) are reduced to writing and certain contracts, to be enforceable, must be reduced to writing, a simple agreement to buy and sell need not be reduced to writing to be enforced. A classic "I will sell you a widget for $50.00, I will buy your widget for $50.00" contract need not be reduced to writing to be enforceable.

    Of course, here, the internet communications are the necessary writing.
     
  10. DNW

    DNW Senior member

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    Actually, most agreements are not "reduced" to writing. In fact, I'd be willing to bet that 99.9999999999999999% of agreements are not reduced to writing. Every time you buy an ice cream from the ice cream man you are forming a contract (he "offers" the ice cream, and you "accept" by paying for it = contract) - and that contract is not reduced to writing. Millions and millions of contractual transactions occur every day that are not put into a writing.

    Again, this is further proof that you have absolutely no idea what you are talking about.

    If all agreements were reduced to writing, my job would be a million times easier.


    Oh...what's the point...[​IMG]
     
  11. odoreater

    odoreater Senior member

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    Oh...what's the point...[​IMG]

    I was just asking myself the same thing.
     
  12. Rolo

    Rolo Senior member

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  13. knittieguy

    knittieguy Senior member

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    They have as much case as if someone refused to sell you his shoes on SF.


    Actually, if someone on SF accepted your offer to buy his shoes (in other words, if someone put his shoes up for sale on the sale forum, you PMed him and said you would buy them, and he said okay) you would have a legally enforceable contract, and if he then backed out of the deal you could sue. It's just that it would obviously cost you a lot more to enforce such a contract than the shoes would be worth. But it's a real contract.

    The only difference with eBay is that by listing them at a certain price, the seller has already agreed to sell to whomever makes the highest bid in the auction. And the court just agreed.
     
  14. dkzzzz

    dkzzzz Senior member

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    So if I list, let's say a car in a news paper and someone calls me and tells me :"I will pay your asking price" and I reply:" Sorry the car is already sold to the higher bidder" he/she can sue me in court and get my car because I listed it in a news paper?
    This is a Pickwick club law, as in : "He took me for tea and cookies and I assumed it is a marriage proposal."
     
  15. marc237

    marc237 Senior member

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    So if I list, let's say a car in a news paper and someone calls me and tells me :"I will pay your asking price" and I reply:” Sorry the car is already sold to the higher bidder” he/she can sue me in court and get my car because I listed it in a news paper? This is a Pickwick club law, as in : “He took me for tea and cookies and I assumed it is a marriage proposal.”
    No. I really recommend that you not try this law stuff, some one may get hurt. The newspaper listing is considered by many courts simply to be an advertisement of an item for sale and, hence, an invitation to examine, consider, and offer. The potential buyer saying he or she is willing to buy is the offer. The contract is formed when the potential seller says he/she is willing to sell. Moreover, implicit in any advertisement is the possibility that one may not be the first in line to buy. However, even if the advertisement were to be deemed the actual offer, as is often the case for example with licensed commercial auto dealers, the sale of the vehicle to someone first is sufficient to, in effect, retract the offer.
     
  16. knittieguy

    knittieguy Senior member

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    a classified ad (and ads in general) is considered an invitation for offers. So the person calling you is making you an offer rather than accepting your offer. But if you say yes to his offer and then change your mind, he can sue. The difference with ebay is that by listing an item with an auction house, the seller has already said yes to the highest bidder (unless it is a reserve price auction and the reserve isn't met).
     
  17. odoreater

    odoreater Senior member

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    So if I list, let's say a car in a news paper and someone calls me and tells me :"I will pay your asking price" and I reply:" Sorry the car is already sold to the higher bidder" he/she can sue me in court and get my car because I listed it in a news paper?
    This is a Pickwick club law, as in : "He took me for tea and cookies and I assumed it is a marriage proposal."


    [​IMG]

    "Stay quiet and people will think you are an idiot. Speak and you will remove all doubt."
     
  18. marc237

    marc237 Senior member

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    He could probably get a used version of the Restatement 2d on Contracts pretty cheap at any law school bookstore. But, probably would not help.
     
  19. lawyerdad

    lawyerdad Senior member

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    The seller does not have to sell. Seller did not transfer goods to Ebay posession to sell it for him. Ebay is merely an agent here. Seller violated agents rules and thus have to pay final value fee that is all seller has to do.

    What if you refuse to sell your house after offer was accepted by you. You would pay comission to your real esttate broker and walk away from the deal. Same here.


    No, that's wrong in pretty much every particular.
     
  20. lawyerdad

    lawyerdad Senior member

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    Exactly. The only somewhat binding agreement between seller and buyer was furnished by ebay and that agreement states that NOTHING is guranteed.
    Once you accept that nothing is guaranteed you have no law-suit.

    There is no other agreement between buyer and seller other than that provided by ebay. There is no leagel;y binding agreement between these two parties.
    They have as much case as if someone refused to sell you his shoes on SF.

    Is this not clear enough?


    Wrong again.
     

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