Re: NPB strike ... then buyer pays ...

On Sun, 5 Oct 2008 09:38:42 +0100, "Niel J Humphreys"
<admin@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx> wrote:


No you can't work it out. What Grimmo is saying is that there is no LEGAL
obligation although sellers do agree to follow the EBAY obligated way of
doing things when they agree to the EBay user agreement upon creating the
account.

Agreeing to a way of doing things often creates a legal obligation.
Contract law is not (by and large) statute law but case law, law made
by judges rather than Parliament.

An eBay sale is a conditional contract. This is not form of contract
invented by eBay but one which has been around for centuries. You
offer goods for sale with the condition that at the time the sale
ends you will accept the highest offer on the table at that time. Not
"might" but "will". This is nothing to do with auctions but is a
simple conditional contract.

Ebay and UK law are two different things, no matter what Ebay puts in their
T&C UK law will trump it every time.

It isn't that simple. Firstly Contract law isn't in the statute
books, it's made of vast numbers of previous judgments made in Court.
The main Statute (Parliamentary) law there is is the Sale of Goods
Act and this quite explicitly _does_ allow Terms and Conditions to
replace terms in the Sale of Goods Act especially in business to
business transactions.

If you agree to sell by a conditional contract then you are legally
bound by that contract and a court can treat your failure to comply
with it as unlawful and award the other party recompense for that
failure.

A bit like some sellers auction terms
which are not legally enforceable such as sellers not considering themselves
responsible for damage in transit for instance when legally they are.

That's because there are specific terms in the Sale of Goods Act that
cannot be reversed in consumer transactions. They _can_ and
invariably are if it is a business to business transaction.

If you buy a computer as a private individual and it arrives broken
the seller cannot evade responsibility. If you buy it through your
company they may well be able to do so.


.

Relevant Pages

  • Re: Interesting terms and conditions.
    ... Because the law makes him so. ... as amended by the Sale and Supply of Goods to Consumers Regulations ... cannot be altered by contract conditions. ... Unfortunately for him his terms do not replace the Sale of Goods Act. ...
    (uk.people.consumers.ebay)
  • Re: Vendor retracts offer after end of sale!
    ... sale on eBay is a sale and not an invitation to treat because there has been offer and acceptance. ... Are you denying that a legal action can be commenced or that a contract exists... ... so no contract exists for *any* auction or just eBay auctions? ...
    (uk.people.consumers.ebay)
  • Re: opinion sought
    ... and a contract is thereby formed which is ... That is -- as soon as the contract of sale is ... the contract is in all other ways caught by DSR), ... Setting aside eBay 'auctions' for a moment, I think that the claim you ...
    (uk.people.consumers.ebay)
  • Re: Dodgy seller(?) Q.
    ... >relationship/transaction/whatever differently than the law would ... Article two of the U.C.C. applies to the sale of goods. ... How does eBay's service contract with you affect you ...
    (alt.marketing.online.ebay)
  • Re: I need s.a.a advice. What would YOU do...?
    ... Send the facts to eBay. ... there is no contract here. ... Remember your business law class from ... Seller made the offer to sell on eBay. ...
    (sci.astro.amateur)
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