HELD: Clicking "Buy It Now" on eBay forms a binding contract.
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Poast new message in this thread
Date: March 8th, 2018 3:54 PM Author: boyish gaping chad
"We affirm the trial court’s finding that a valid contract existed when Julie offered her diamond ring on eBay with the option for users to “Buy It Now” and Armiros accepted the offer by clicking the “Buy It Now” button."
http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2018/1%20CA-CV%2016-0755.pdf
(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563467) |
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Date: March 8th, 2018 4:12 PM Author: Burgundy temple
D offered diamond ring on ebay for 100K. P bought the ring using buy it now for 100K. P and D were supposed to meet up to do the deal. in the meantime, 3rd party buyer emailed D and offered her 150K for the ring. D sold the ring to the 3rd party buyer for 150K and reneged on the deal with P.
court held that D breached a binding contract to sell the ring to P. damages were expectation interest / benefit of the bargain. court heard expert testimony and found the ring valued a 350K, and awarded a shitload of money to P.
what i dont get: P also sued the 3rd party buyer and settled with him for 60k. i dont get why the 3rd party buyer is liable for anything. but i just skimmed.
(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563608) |
Date: March 8th, 2018 3:59 PM Author: Burgundy temple
wtf why did the actual buyer pay 60k to the plaintiff?
>>Evangelos also named as a defendant the
other buyer who had purchased the ring, but the buyer was dismissed as a
party and subsequently settled by paying Evangelos $60,000.
(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563500) |
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Date: March 8th, 2018 4:23 PM Author: Burgundy temple
right, now i see:
>>Even though Julie’s original eBay listing had closed, she
received an email later that evening from another eBay user offering
$150,000 for the ring. Julie responded that she believed she had already sold
the ring. The eBay user told Julie that he would make a deposit on the ring
and that his $150,000 offer was “well worth canceling the deal with
[Evangelos].”
(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563695) |
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Date: March 8th, 2018 4:21 PM Author: Burgundy temple
yeah, i'd like to know the specifics of that claim but it's not mentioned.
if he got ring that the court valued at 350k+ for only 150k, maybe he was happy to pay $60k to get the P to fuck off. but that's still a lot of money to pay. how much could this suit cost to litigate? it was a one day bench trial.
wonder if there's more to the story.
EDIT: see above. now i see he tried to bust up the deal. still, is that tortious interference under AZ law?
(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563682) |
Date: March 8th, 2018 4:03 PM Author: Burgundy temple
woah, a classic expectation interest case
>>To calculate the ring’s market value, the court started with the
$389,000 listing price and reduced it 25% based on Julie’s expert’s Rapnet
report, resulting in a $291,750 market value. It further found that the
platinum setting and smaller diamonds had a $3,500 value and therefore
the ring’s total value at the time Julie breached was $295,250. The court then
subtracted the $60,000 Evangelos received from the other buyer and the
$100,000 Evangelos would have had to pay to purchase the ring, thereby
resulting in damages of $135,250.
(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563530) |
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Date: March 8th, 2018 7:03 PM Author: Burgundy temple
oh right.
wonder if P's attorney took the case on contingency.
judge wouldnt give P attorney's fees.
(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564859) |
Date: March 8th, 2018 4:33 PM Author: Zombie-like Adventurous Background Story Indirect Expression
a very DBG thread.
so, this chick is selling off her engagement ring and is still married to the guy?
what a cuck.
(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563788) |
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