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Re: Re: Would you sue over a cel? (Fri Mar 30 22:49:04 2001 )
kabukimoon


>>So, the seller sold the cel to someone
>>else by mistake ? That's life, it may happen.
>>The buyer didn't lost money or anything. Just
>>the possibility of buying an article.

well, i didn't mean by mistake.  sorry, i should 
have made a new example and strayed from aethel's 
exact situation. (sorry Aethel and Yann)(^_^')

i meant purposely sold it to someone else but 
agreed to sell it to you.

Forgive me, but i'm stilling learning about this 
topic, so I'm not an expert.  There are certain 
factors which must be true if you wish sue the 
seller or 3rd party. Yes, you can sue the other 
buyer (is that nutty or what?). I could go into 
that, umm, but i won't...


>>What would you like to sue about ?!? You would
>>only be laughted at.

You'd be surprised.  Lawsuits are filed 
everyday.  And some are pretty pathetic and/or 
unreasonable.

Here's an example of a lawsuit, in my opinion a 
unfair one.  A man was on his way to the store, 
and tripped in a puddle in the parking lot and 
broke his wrist.  He had surgery for it but post-
op, the pain became worst.  He sued the store, 
not the doctor. 

OR how about the one where a burglar tripped over 
some furniture and broke a body part (can't 
remember which one it was)but ended up sueing the 
person he was planning on burglarizing? Doesn't 
that sound abit unreasonable?

>>What about all the buyers that cancel their
>>orders or never send the money ?!?

Well, i think the seller could if he or she 
wanted to.

>There is nothing that say that a seller _has_
>to sell to someone even if he confirmed the
>order. 

Doesn't "confirming the order" synonymously mean 
the seller will sell to you?


>>It's simply not good business to cancel
>>orders without very good reasons. 

yes, i agree it's not a good business practice to 
cancel an order.  i admit i have done it once a 
long time ago. [Sorry about that] (^_^')

>>But that's not illegal. 

hmmm, maybe i should just clarify this abit.  Law 
is divided into too categories: criminal and 
civil.  Criminal law regulates relationships 
between individuals and society.  Civil law 
regulates relationships between individuals.  If 
you did want to sue, it would be over a "tort," 
not a "law".  Torts deal with wrong act against 
someone else. I know the terminology doesn't 
really matter.  Soooooo, it's not breaking the 
law but it is doing something "wrong" against 
someone else.  

Sorry to sound like a know-it-all, didn't want to 
complicate things too much.  Alot of people would 
just accept it when the cel is sold, that's why i 
was asking.



>>You didn't signed a contract.
>>(and even if you sign a contract, it wouldn't
>>be binding if the buyer doesn't fullfil his
>>part of the deal.. ie paying)

This area i'm not to sure about. Does a contract 
have to be a signed document between the two 
parties?  What about verbal agreements?  Does 
that make them invalid?  The snag with verbal 
agreements is that there is no evidence so it's 
hard to prove it even existed.  But aren't emails 
are written/typed contracts?   


If i offended you as a seller Yann, I'm very 
sorry W(_ _)W, i just wanted to know to what 
extremes some people will go.


--kabukimoon



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