An interesting (to me anyway) but ethical problem

terryw

Just an update.

Daft lad has sent me an email in his usual illiterate style informing me that Ebay have suspended his account for one month. I think that others must have complained for Ebay to have done this.

terryw

bingo_bango

terryw wrote: »

Daft lad has sold an item in an auction with no reserve. I am the highest bidder. Ergo, he must complete......acceptance, offer, consideration, title, and a couple of other things that languish in the back of my brain, as there is a valid contract.


terryw

I'm not sure I'd agree with that. As this was an auction it's more likely that his selling method would be taken as an invitation to treat rather than an offer (see Payne v Cave 1789). Unless it was specifically stated that the auction was without reserve, in which case you could argue tht it was an offer (see Barry v Davies 2000)

You would still have to prove intention though, and that could be difficult, considering the market value as you yourself have calculated. If you do decide to go ahead, I'd appreciate it if you could keep the thread going with updates. I'd love to see an up to date assessment of this precedent.

terryw

bingo_bango wrote: »

I'm not sure I'd agree with that. As this was an auction it's more likely that his selling method would be taken as an invitation to treat rather than an offer (see Payne v Cave 1789). Unless it was specifically stated that the auction was without reserve, in which case you could argue tht it was an offer (see Barry v Davies 2000)

You would still have to prove intention though, and that could be difficult, considering the market value as you yourself have calculated. If you do decide to go ahead, I'd appreciate it if you could keep the thread going with updates. I'd love to see an up to date assessment of this precedent.

I shall not be taking this any further. More than anything I was niggled with the attitude of the guy. I am quite happy that he has been banned for a while...this may get him to rethink his ideas.

Just out of interest, the fact that he was selling without reserve and I had the winning bid was the crux of the original matter when he refused to sell. From memory (which could well be faulty) if an item is sold by auction then that is it at the end of the auction - the goods have been sold.

terryw

bingo_bango

It is the end of the auction, but unless the auctioneer specifically states in the sale that it is 'without reserve', then there is no contract (this would have to be specified in the ebay listing). When you bid in an auction, you are not accepting an offer they make, you are in fact making an offer to the auctioneer. Whether or not they accept it is up to them.

I understand your take on it, and could see a small claims case being heard, but I get the feeling the judge would have to refer to Payne on such a case, and it may fail on that point alone.

If anyone else comes across this thread at a later date and has tried such an action, please let us know how it went!

terryw

You make an interesting point and I don't really disagree with you. However I have no intention of taking the guy to court....I was merely winding him up for being such a silly sort of individual.

I take the view that the end of an Ebay auction when the time has elapsed is the same as the drop of the auctioneer's hammer. The deal is done. There is a legal contract in force. But what do i know?

There are a few very helpful legal bods who regularly post on MSE and perhaps one of them will stroll along to give the legal view. I am sure that this question has been tested in the courts as some items on Ebay sell for megabucks.

Anyway it's an interesting point, and I too would like an authoritative answer. I will post it on a legal forum, and if I receive an answer, I will let you know.

bw

terryw

Jakg

Shop him - if you give the local police a call they'd probably like to know.

They needn't mention to him how they found him - but i'm sure they'd get a laugh from the story!

russeleoin

Hi terryw. I hope you can help me, I was scammed a few weeks back, see "eBay and where do I stand" post. Anyway, I am interested in how you found your little twerp. I have logged my scam with both the police and ebay, but am not getting a lot of joy. There are details out there, I just dont know how to get to them. Oh and shop daft lad, scammers and the like make ebay difficult to use for the rest of us.
Regards
Russ

yeslek

terryw wrote: »

Just an update.

Daft lad has sent me an email in his usual illiterate style informing me that Ebay have suspended his account for one month. I think that others must have complained for Ebay to have done this.

terryw

thats a bit of a result is it not?
chances are others who have complained have done so for the same reason as you so he stands little chance of being able to make amends and get his account reinstated.

nothing to stop him setting up another ebay account though :rolleyes:

terryw

russeleoin wrote: »

Hi terryw. I hope you can help me, I was scammed a few weeks back, see "eBay and where do I stand" post. Anyway, I am interested in how you found your little twerp. I have logged my scam with both the police and ebay, but am not getting a lot of joy. There are details out there, I just dont know how to get to them. Oh and shop daft lad, scammers and the like make ebay difficult to use for the rest of us.
Regards
Russ

Hi there.

I have a look at your other post and it does not look good mate. I think your guy is a real professional and I would guess that he is well out of the country. My guy is just simple low-life in comparison.

You could try 192.com, facebook, friends reunited, and the local paper website.
If you want email me with Ebay description and number and I will have a look to see if I have any other ideas but, frankly, I doubt it.

Best wishes and the best of luck anyway.

terryw