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eBay bids do create binding contracts
Legal_Academic
Posts: 42 Forumite
Ever landed a bargain on eBay only for the seller to back out?
Last month an English court ruled that a contract concluded by winning a bid on eBay is legally enforceable.
A seller who backed out of a sale following a disappointing bid ended up with a judgment against her for over £650.00 (see http://www.e-sue.co.uk/recent_work.htm)
Last month an English court ruled that a contract concluded by winning a bid on eBay is legally enforceable.
A seller who backed out of a sale following a disappointing bid ended up with a judgment against her for over £650.00 (see http://www.e-sue.co.uk/recent_work.htm)
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Comments
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interesting. first time i have seen it actually taken to court - although we knew the bids were binding legally.0
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From the article...However the eBay seller refused to pay, so e-sue then prepared to take a second charge over her home, resulting in an immediate bankers draft for the full amount.
:rotfl: Once bitten, twice shy perhaps... :T“That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”0 -
An unsubstantiated report, no names, no ebay user id's, no location.
I would give it more credence if there were some deails shown or at least a link to a newspaper report.0 -
George_Michael wrote: »An unsubstantiated report, no names, no ebay user id's, no location.
I would give it more credence if there were some deails shown or at least a link to a newspaper report.
Oh ... I'm sorry you thought my posting lacked credence.
So this is the item: http://www.e-sue.co.uk/docs/eBay_ad.jpg
and this is the judgment: http://www.e-sue.co.uk/docs/eBay_Judgment.jpg0 -
Hi,
I'm sure that this will be of great interest to regulars on the eBay board, so I'll move the thread across there.Forum_Team wrote:Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email forumteam@moneysavingexpert.com.Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.Never ascribe to malice that which is adequately explained by incompetence.DTFAC: Y.T.D = £5.20 Apr £0.50
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Legal_Academic wrote: »Oh ... I'm sorry you thought my posting lacked credence.
So this is the item: http://www.e-sue.co.uk/docs/eBay_ad.jpg
and this is the judgment: http://www.e-sue.co.uk/docs/eBay_Judgment.jpg0 -
Oh ... I'm sorry you thought my posting lacked credence.
Well for a "Legal Academic", I would have thought that you would have been able to understand my earlier post.
I actually stated that I thought that the report that you linked to lacked credance and not your post itself.An unsubstantiated report...
I would give it more credence
Now that you've shown some of the court info, I will be glad to admit that my scepticism was wrong, but I will stand by my opinion regarding your first post, in that as it was posted, it didn't prove anything.0 -
George_Michael wrote: »Well for a "Legal Academic", I would have thought that you would have been able to understand my earlier post.
I actually stated that I thought that the report that you linked to lacked credance and not your post itself.
Now that you've shown some of the court info, I will be glad to admit that my scepticism was wrong, but I will stand by my opinion regarding your first post, in that as it was posted, it didn't prove anything.0 -
George_Michael wrote: »I actually stated that I thought that the report that you linked to lacked credance and not your post itself.
Perhaps you missed them.0 -
:jExcellent result! :T
This happened to me once, some years ago. Since then, the law is a lot clearer w.r.t. ebay and has tightened up considerably (notably a shill bidding case, last year).
If the same situation happened to me again, I think quoting this case should be enough to concentrate the mind of an uncooperative seller! Either that or I'll get in touch with e-sue.co.uk"The secret of life is honesty and fair dealing.
...If you can fake that, you've got it made."
Groucho Marx0
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