Go go pets hamsters & accessories stock updates & discussion.

neverdespairgirl

stebiz wrote: »

Not if something 'frustrated' the contract. I studied law at degree level and if the seller wants to cancel the sale he can...............and ebay would be obliged to remove any potential negative feedback as well.

I don't think this counts as frustration.

Frustration is where a contract cannot be fulfilled because of some event outside the control of either party.

In this case, the seller isn't saying that. He's saying that he's not happy about how the contract came to be.

(I studied law too - LLB, LLM, BVC, Barrister-at-Law, Called to the Bar Nov. 2001)

I'm not a civil lawyer - I do crime and immigration, and related public law. But this clearly isn't frustration, look up your notes for Contract & Tort again!

neverdespairgirl

Kyresa wrote: »

Sorry this hasn't been frustrated, it wasn't that both parties weren't able to perform the contract - the seller is complaining because not enough buyers could get onto the site at the time to he could get a higher price - that is NOT frustration!

I studied law at degree level too, oh, and masters level, oh, and I'm on my Legal Practice Course now

Cheers to you too

I can see you on your LLB, meet your LLM, and raise you by one BVC and 8 years' call (-:

Actually, I completely agree with you - it's very obviously not frustration.

stebiz

neverdespairgirl wrote: »

I don't think this counts as frustration.

Frustration is where a contract cannot be fulfilled because of some event outside the control of either party.

In this case, the seller isn't saying that. He's saying that he's not happy about how the contract came to be.

(I studied law too - LLB, LLM, BVC, Barrister-at-Law, Called to the Bar Nov. 2001)

I stand corrected in relation to the term 'frustration'. However I do believe that the seller could void this contract, on the basis that he was forced into it, and had no way of removing himself from it, due to ebays system failure. Let us not forget that Ebay is not the auctioneer here. They have always been keen to keep a distance from that. They merely provide a platform for a buyer and seller.

Stebiz

neverdespairgirl

stebiz wrote: »

No. Not that enough people couldn't get on. But the buyer was put at a distinct disadvantage due to a fault with the auction software. This frustrated the contract with the potentional buyer.

Get a few more books out!! If you want me to dig mine out I will.

Stebiz

That is SOOOO not frustration. You need to revise (-:

It might go to whether or not there was a meeting of minds when the contract was made, but I doubt it. But it is very, very obviously NOT frustration.

stebiz

markfrizzell wrote: »

anyone know if ebay is working yet? im after puppy in my pocket mums and babies.. cant seem to find them in any shops here or online

Ebay can now be accessed but only through the advanced search option.
I wonder if it will be up in the morning!!!

Stebiz

neverdespairgirl

stebiz wrote: »

I stand corrected in relation to the term 'frustration'. However I do believe that the seller could void this contract, on the basis that he was forced into it, and had no way of removing himself from it, due to ebays system failure. Let us not forget that Ebay is not the auctioneer here. They have always been keen to keep a distance from that. They merely provide a platform for a buyer and seller.

I don't see how, sorry.

It's possible (you really were off on a tangent with frustration, though!) that there could be a lack of meeting of minds.

But if the person put it up for auction at 99p, what he is actually claiming is that he never intended to sell at that price, and I can't see how the contract would be either void or voidable. No fraud, no duress, no mistake.

I think his gripe is with ebay, not the buyer, but I bet ebay's got itself covered in the t & cs.

stebiz

Something we already knew, which will probably make it even worse getting hold of stock.

http://www.telegraph.co.uk/topics/christmas/6614464/Hit-toys-Go-Go-Hamsters-Lego-and-Waybuloos-sell-out.html

Stebiz

stebiz

I really can't see the UK getting much more stock before Christmas. Why would the UK get them and not the US?

http://www.suntimes.com/business/1877309,CST-NWS-fewertoys11.article

irishwildman

funny.onion wrote: »

No one is against ebay.

If I spot a Stradivarius violin at a boot sale and the seller wants a fiver for it then I am entitled to get it authenticated and sell on ebay for five grand.

However, I do not think it is fair for anyone to go into a shop and take as many toys as they can fit in their trolley with the sole purpose of selling on ebay.

Of course if someone buys one and then another one thinking they may be able to sell it on ebay to offset the cost of them buying something they couldn't get hold of then fair enough.

Most people would start an auction at 99p giving the buyer the option to bid up to what they can afford.

However, it must be desperately frustrating for buyers to see auctions for toys on a buy it now that are 3 times and sometimes more, over the cost of the rrp.

I know that stores were not prepared for the huge demand but even so if people played fair and only bought toys for their own personal needs then there would have been much for everyone to go round.

As a parent surely we should all have affinity for other parents and not wish for anyone else's child to lose out at christmas or to put parents through the distress of not being able to afford the inflated prices on ebay if they have been unlucky in buying in a store or online at the rrp?

your on your rant again - get over it

yummymummy888888

Morning All. Think we just missed add ons on play. Just got there and they only have £44.00 left. They were still on stockchecker ar 7.10 ;(

looks like there are gonna be lots of angry ebayers today as sellers realise they may be able to get out of the low sales. Hope at least a few get theirs though. People were so exited last night!

Still need my surfboard, skateboard and ball only have till 9am latest. No chance eh!!!!