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What I was selling no longer available- buyer still wants it...
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Forgot to say just google Nemo Dat and you wil see my point:beer:0
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MyUserNamesTaken wrote:Hmm...legally, she can take you to court, as she has paid for the items and you have accepted the payment. Contract law applies here. You've had offer and acceptance and consideration in the form of payment. If she really wants to, she could drag you to the SCC to get you to fulfill the terms of the contract. Alternatively, she could buy the items elsewhere and sue you for loss of bargain.
Dropshipping is irrelevant. That is a completely separate issue and does not involve your buyer in any way, as it is between you and your supplier. Legally, you don't have a leg to stand on. Just think yourself lucky the other buyers haven't threatened to take you to court.
Your correct, offer, acceptance, consideration. However, title cannot pass as the buyer doesnt have title to the goods. If the seller cannot supply and no title was in place on the goods then there is no contract!:beer:0 -
nutmegman wrote:Your correct, offer, acceptance, consideration. However, title cannot pass as the buyer doesnt have title to the goods. If the seller cannot supply and no title was in place on the goods then there is no contract!
Wait up...she didn't pay anyway! So, no consideration. Don't need to go any further than that.
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Nemo Dat would only apply in the case that the dropshipper didn't have the authority of the original owner to sell the goods. It appears that the dropshipper does have the necessary authority only the original owner has upped the price to a level which the dropshipper doesn't wish to bear.0
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matto wrote:Nemo Dat would only apply in the case that the dropshipper didn't have the authority of the original owner to sell the goods. It appears that the dropshipper does have the necessary authority only the original owner has upped the price to a level which the dropshipper doesn't wish to bear.
You are getting confused with title to the goods here, It cannot pass to the buyer as the seller doesnt have any titlle to the goods.:beer:0
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