Re: Dodgy seller(?) Q.

>Not at all. You can agree in a contract to have a different set of rules
>(that's the very purpose of a contract, after all -- to define a
>relationship/transaction/whatever differently than the law would
>otherwise see it).

Ok jailhouse lawyers, today's quiz is this:

Article two of the U.C.C. applies to the sale of goods. Services are
specifically excluded, if I remember Professor Dowdy's (Dowdy made the
Kingsfield guy on TV look like a wimp) lengthy dissertations accurately.

So, we have this fact situation to brief. The U.C.C. is controlling in the
sale of goods by you to a buyer on eBay. Your contract elements are the
usual offer, acceptance and consideration. Your contractual agreement with
eBay is for a service. How does eBay's service contract with you affect you
and does it relieve you of your implied contractual commitment to the buyer
under Article 2. Does the fact that the buyer also agreed to the terms of
use agreement on eBay relieve you of your responsibility to follow accepted
contract law in a sales transaction?










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Relevant Pages

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