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HELD: Clicking "Buy It Now" on eBay forms a binding contract.

"We affirm the trial court’s finding that a valid contr...
stubborn party of the first part brunch
  03/08/18
I would think the Ebay T&Cs should govern. Is this a shi...
big opaque theater
  03/08/18
(James C. McReynolds)
cowardly floppy reading party garrison
  03/08/18
That's discussed, too.
stubborn party of the first part brunch
  03/08/18
(guy who didnt read the case)
avocado stag film patrolman
  03/08/18
cliffs?
Aromatic Market
  03/08/18
D offered diamond ring on ebay for 100K. P bought the ring u...
avocado stag film patrolman
  03/08/18
Only under Jewish law was the 1st buyer harmed to the point ...
At-the-ready magical hissy fit hall
  03/08/18
spin, ratfucks
titillating embarrassed to the bone partner love of her life
  03/08/18
cr, there's a gemara about a guy who agreed to sell his ox t...
avocado stag film patrolman
  03/08/18
tortious interference? i just skimmed, but i see the third ...
slap-happy alcoholic locus
  03/08/18
Tortious interference, pretty clearly since second buyer kne...
vigorous nubile national son of senegal
  03/09/18
...
appetizing plaza
  03/08/18
wtf why did the actual buyer pay 60k to the plaintiff? &g...
avocado stag film patrolman
  03/08/18
was there some kind of BS tortious interference claim? payin...
Sepia generalized bond giraffe
  03/08/18
3rd party knew there was a contract and offered extra to get...
Erotic Impertinent Kitty Cat
  03/08/18
right, now i see: >>Even though Julie’s original eB...
avocado stag film patrolman
  03/08/18
Even if the 2nd buyer knew, his interference still had to be...
At-the-ready magical hissy fit hall
  03/08/18
yeah, it's odd.
avocado stag film patrolman
  03/08/18
States have wildly different standards for what constitutes ...
Galvanic international law enforcement agency
  03/08/18
yeah, i'd like to know the specifics of that claim but it's ...
avocado stag film patrolman
  03/08/18
Maybe he keeps the ring?
Erotic Impertinent Kitty Cat
  03/08/18
maybe he was happy to pay 60k and eliminate the risk of his ...
avocado stag film patrolman
  03/08/18
I'm going to assume there was a tortious interference claim.
transparent concupiscible sound barrier half-breed
  03/08/18
woah, a classic expectation interest case >>To calc...
avocado stag film patrolman
  03/08/18
was this CUNT selling her engagement ring?
cracking chapel
  03/08/18
yes. they had a prenup but the ring wasn't part of it, appar...
avocado stag film patrolman
  03/08/18
180 the bitch got got- lost the ring and lost money the law...
Insane flirting university
  03/08/18
180. she sold the ring for 150k, and has to pay P back 135k....
avocado stag film patrolman
  03/08/18
she's down total with legal fees, right? yooooooj
Insane flirting university
  03/08/18
oh right. wonder if P's attorney took the case on conting...
avocado stag film patrolman
  03/08/18
American rule, moshe.
At-the-ready magical hissy fit hall
  03/08/18
Julie Rohr: https://storage.googleapis.com/idx-acnt-gs.ihous...
Erotic Impertinent Kitty Cat
  03/08/18
https://www.facebook.com/julie.rohr
avocado stag film patrolman
  03/08/18
is that true?
coral state place of business
  03/08/18
looks like it
avocado stag film patrolman
  03/08/18
spin, ratfucks
titillating embarrassed to the bone partner love of her life
  03/08/18
...
At-the-ready magical hissy fit hall
  03/08/18
...
Insane flirting university
  03/08/18
Would have expected a nubile 20-something Maxim model blonde...
marvelous mewling dilemma
  03/08/18
a very DBG thread. so, this chick is selling off her enga...
Glittery Home Mediation
  03/08/18
DBG thread? i'm not even the OP your poast is missing a w...
avocado stag film patrolman
  03/08/18
still a very DBG thread. fixed. thansk.
Glittery Home Mediation
  03/08/18
what's DBG about it? aspie legal case discussion? e-rings? e...
avocado stag film patrolman
  03/08/18
all the above.
Glittery Home Mediation
  03/08/18
...
avocado stag film patrolman
  03/08/18
seems right but how tf did he weasel a $60K settlement out o...
coral state place of business
  03/08/18
discussed above -- http://www.xoxohth.com/thread.php?thread_...
avocado stag film patrolman
  03/08/18
Ok my question is how the defendant got a $60k set off from ...
At-the-ready magical hissy fit hall
  03/08/18
cq. is the collateral source rule applicable in breach of co...
avocado stag film patrolman
  03/08/18
I wouldn't see why not.
At-the-ready magical hissy fit hall
  03/08/18
arent the 3rd party buyer and D joint tortfeasors? does the ...
avocado stag film patrolman
  03/08/18
If they are joint tortfeasors the result is correct, but I a...
At-the-ready magical hissy fit hall
  03/08/18
i tend to agreee.... we need some AZ law mastermen here
avocado stag film patrolman
  03/08/18
Summon: kirbymo.
At-the-ready magical hissy fit hall
  03/08/18
I don't know the specific answer here. But I encountered the...
stubborn party of the first part brunch
  03/09/18
I've got some Wayne State bros who might be able to help.
arrogant crackhouse
  03/09/18
This is a contract case. Neither party is a tortfeasor. In c...
citrine forum
  03/08/18
jfc stfu
avocado stag film patrolman
  03/08/18
(Posner blasting through standards of review, screaming, &qu...
stubborn party of the first part brunch
  03/09/18
This is like the classic definition of efficient breach. $35...
citrine forum
  03/08/18
that's not how efficient breach works
avocado stag film patrolman
  03/08/18
(80 iq guy) The concept of efficient breach doesn't mean ...
At-the-ready magical hissy fit hall
  03/08/18
...
Erotic Impertinent Kitty Cat
  03/08/18
No shit. Its efficient breach. Go into the market and buy an...
citrine forum
  03/08/18
Maybe buyers were drooling over the offer because she wasn't...
At-the-ready magical hissy fit hall
  03/08/18
cr. our resident tulane alum is a moron
avocado stag film patrolman
  03/08/18
That's why he is a compliance goon.
At-the-ready magical hissy fit hall
  03/08/18
Right, clearly she wasnt -- hence why she ended up flipping ...
citrine forum
  03/08/18
I guess she should have hired a better expert.
At-the-ready magical hissy fit hall
  03/08/18
...
avocado stag film patrolman
  03/08/18
There probably was no witness at all. TTT shitlawyers will w...
citrine forum
  03/08/18
P had an expert witness, you moron. at tulane, did they not ...
avocado stag film patrolman
  03/08/18
You are profoundly reading comp challenged. Its clear as day...
citrine forum
  03/08/18
(guy who doesnt hire experts when litigating in front of gor...
avocado stag film patrolman
  03/08/18
Why would you need experts at the appellate level? Retarded ...
citrine forum
  03/08/18
(smart Jewish lawyer who doesn't even get writs of mandamus ...
At-the-ready magical hissy fit hall
  03/08/18
...
avocado stag film patrolman
  03/08/18
Lmao. I didn't even click the link and I know more than you.
At-the-ready magical hissy fit hall
  03/08/18
Defendant had an expert. He was instructed not to appraise t...
doobsian rusted factory reset button theatre
  03/08/18
ljl they couldnt find a single expert to lie and say the rin...
avocado stag film patrolman
  03/08/18
most experts witnesses have way too much integrity to just w...
slap-happy alcoholic locus
  03/08/18
it doesnt even have to be a professional expert witness who ...
avocado stag film patrolman
  03/08/18
i was actually just flaming. experts are usually total whor...
slap-happy alcoholic locus
  03/08/18
Lots of experts are retarded. That's why litigation can be a...
At-the-ready magical hissy fit hall
  03/08/18
most of the guys you deal with in biglaw are quite sharp. th...
avocado stag film patrolman
  03/08/18
I litigate broken semi truck cases and my experts are retard...
At-the-ready magical hissy fit hall
  03/08/18
they're not *total* whores. most of the top guys do want to ...
avocado stag film patrolman
  03/08/18
...
Erotic Impertinent Kitty Cat
  03/08/18
Lmao
vigorous nubile national son of senegal
  03/09/18
take this shit back to 1L Contracts
provocative underhanded stage chad
  03/08/18
There are business torts and 3rd party defendants here too.
Erotic Impertinent Kitty Cat
  03/08/18
add this thread to the canon of ARE REPTILE stupidity
avocado stag film patrolman
  03/08/18
...
At-the-ready magical hissy fit hall
  03/08/18
The breach wasn’t efficient after all
vigorous nubile national son of senegal
  03/09/18
This really blew up after I left.
stubborn party of the first part brunch
  03/09/18


Poast new message in this thread



Reply Favorite

Date: March 8th, 2018 3:54 PM
Author: stubborn party of the first part brunch

"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)



Reply Favorite

Date: March 8th, 2018 3:55 PM
Author: big opaque theater

I would think the Ebay T&Cs should govern. Is this a shitlib judge?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563478)



Reply Favorite

Date: March 8th, 2018 3:59 PM
Author: cowardly floppy reading party garrison

(James C. McReynolds)

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563498)



Reply Favorite

Date: March 8th, 2018 3:59 PM
Author: stubborn party of the first part brunch

That's discussed, too.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563499)



Reply Favorite

Date: March 8th, 2018 4:05 PM
Author: avocado stag film patrolman

(guy who didnt read the case)

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563541)



Reply Favorite

Date: March 8th, 2018 4:05 PM
Author: Aromatic Market

cliffs?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563546)



Reply Favorite

Date: March 8th, 2018 4:12 PM
Author: avocado stag film patrolman

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)



Reply Favorite

Date: March 8th, 2018 6:54 PM
Author: At-the-ready magical hissy fit hall

Only under Jewish law was the 1st buyer harmed to the point on recovering thousands of dollars.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564789)



Reply Favorite

Date: March 8th, 2018 6:55 PM
Author: titillating embarrassed to the bone partner love of her life

spin, ratfucks

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564798)



Reply Favorite

Date: March 8th, 2018 7:00 PM
Author: avocado stag film patrolman

cr, there's a gemara about a guy who agreed to sell his ox to another guy for 4 sheep and then another guy came along and offered 6 sheep for the ox....

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564831)



Reply Favorite

Date: March 8th, 2018 8:26 PM
Author: slap-happy alcoholic locus

tortious interference? i just skimmed, but i see the third party encouraged canceling the contract. not sure how that interference is tortious but maybe it is.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565423)



Reply Favorite

Date: March 9th, 2018 11:40 AM
Author: vigorous nubile national son of senegal

Tortious interference, pretty clearly since second buyer knew it had been sold.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35569235)



Reply Favorite

Date: March 8th, 2018 3:58 PM
Author: appetizing plaza



(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563490)



Reply Favorite

Date: March 8th, 2018 3:59 PM
Author: avocado stag film patrolman

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)



Reply Favorite

Date: March 8th, 2018 4:18 PM
Author: Sepia generalized bond giraffe

was there some kind of BS tortious interference claim? paying 60k to get plaintiff to fuck off was probably worth more than the trouble of litigating this to someone willing to pay 150k for a ring off ebay

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563663)



Reply Favorite

Date: March 8th, 2018 4:21 PM
Author: Erotic Impertinent Kitty Cat

3rd party knew there was a contract and offered extra to get defendant to welch.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563680)



Reply Favorite

Date: March 8th, 2018 4:23 PM
Author: avocado stag film patrolman

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)



Reply Favorite

Date: March 8th, 2018 6:55 PM
Author: At-the-ready magical hissy fit hall

Even if the 2nd buyer knew, his interference still had to be unjustified. Should have moved for SJ on day privilege to compete.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564802)



Reply Favorite

Date: March 8th, 2018 7:01 PM
Author: avocado stag film patrolman

yeah, it's odd.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564837)



Reply Favorite

Date: March 8th, 2018 10:43 PM
Author: Galvanic international law enforcement agency

States have wildly different standards for what constitutes "wrongful" or "tortious" or "commercially impermissible" conduct.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35566360)



Reply Favorite

Date: March 8th, 2018 4:21 PM
Author: avocado stag film patrolman

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)



Reply Favorite

Date: March 8th, 2018 4:23 PM
Author: Erotic Impertinent Kitty Cat

Maybe he keeps the ring?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563703)



Reply Favorite

Date: March 8th, 2018 4:24 PM
Author: avocado stag film patrolman

maybe he was happy to pay 60k and eliminate the risk of his sale being declared void or to be jointly liable P's expectation interest?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563712)



Reply Favorite

Date: March 8th, 2018 7:43 PM
Author: transparent concupiscible sound barrier half-breed

I'm going to assume there was a tortious interference claim.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565161)



Reply Favorite

Date: March 8th, 2018 4:03 PM
Author: avocado stag film patrolman

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)



Reply Favorite

Date: March 8th, 2018 4:15 PM
Author: cracking chapel

was this CUNT selling her engagement ring?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563635)



Reply Favorite

Date: March 8th, 2018 4:25 PM
Author: avocado stag film patrolman

yes. they had a prenup but the ring wasn't part of it, apparently. 10.7ct diamond ring. wonder what this cunt did

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563719)



Reply Favorite

Date: March 8th, 2018 6:59 PM
Author: Insane flirting university

180 the bitch got got- lost the ring and lost money

the law worked

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564825)



Reply Favorite

Date: March 8th, 2018 7:01 PM
Author: avocado stag film patrolman

180. she sold the ring for 150k, and has to pay P back 135k. plus she probably had to pay ebay commissions on the 150k. so basically she's lost the ring and got nothing.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564841)



Reply Favorite

Date: March 8th, 2018 7:02 PM
Author: Insane flirting university

she's down total with legal fees, right?

yooooooj

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564846)



Reply Favorite

Date: March 8th, 2018 7:03 PM
Author: avocado stag film patrolman

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)



Reply Favorite

Date: March 8th, 2018 7:05 PM
Author: At-the-ready magical hissy fit hall

American rule, moshe.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564882)



Reply Favorite

Date: March 8th, 2018 4:29 PM
Author: Erotic Impertinent Kitty Cat

Julie Rohr: https://storage.googleapis.com/idx-acnt-gs.ihouseprd.com/AR688225/site/agent_photo_120_1445803611.jpg

She works in real estate, where it is OK to cancel a land-sale contract if someone offers you more.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563762)



Reply Favorite

Date: March 8th, 2018 4:30 PM
Author: avocado stag film patrolman

https://www.facebook.com/julie.rohr

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563767)



Reply Favorite

Date: March 8th, 2018 4:45 PM
Author: coral state place of business

is that true?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563876)



Reply Favorite

Date: March 8th, 2018 4:47 PM
Author: avocado stag film patrolman

looks like it

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563896)



Reply Favorite

Date: March 8th, 2018 6:52 PM
Author: titillating embarrassed to the bone partner love of her life

spin, ratfucks

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564779)



Reply Favorite

Date: March 8th, 2018 6:58 PM
Author: At-the-ready magical hissy fit hall



(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564821)



Reply Favorite

Date: March 8th, 2018 7:15 PM
Author: Insane flirting university



(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564950)



Reply Favorite

Date: March 8th, 2018 7:17 PM
Author: marvelous mewling dilemma

Would have expected a nubile 20-something Maxim model blonde with bolt ons given the ring.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564961)



Reply Favorite

Date: March 8th, 2018 4:33 PM
Author: Glittery Home Mediation

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)



Reply Favorite

Date: March 8th, 2018 4:34 PM
Author: avocado stag film patrolman

DBG thread? i'm not even the OP

your poast is missing a word. you mean married? they're divorcing

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563794)



Reply Favorite

Date: March 8th, 2018 4:36 PM
Author: Glittery Home Mediation

still a very DBG thread.

fixed. thansk.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563803)



Reply Favorite

Date: March 8th, 2018 4:37 PM
Author: avocado stag film patrolman

what's DBG about it? aspie legal case discussion? e-rings? ebay scams? all the above?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563813)



Reply Favorite

Date: March 8th, 2018 4:49 PM
Author: Glittery Home Mediation

all the above.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563907)



Reply Favorite

Date: March 8th, 2018 6:39 PM
Author: avocado stag film patrolman



(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564700)



Reply Favorite

Date: March 8th, 2018 4:44 PM
Author: coral state place of business

seems right but how tf did he weasel a $60K settlement out of the other buyer?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563863)



Reply Favorite

Date: March 8th, 2018 4:44 PM
Author: avocado stag film patrolman

discussed above -- http://www.xoxohth.com/thread.php?thread_id=3913380&mc=25&forum_id=2#35563500



(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35563872)



Reply Favorite

Date: March 8th, 2018 7:05 PM
Author: At-the-ready magical hissy fit hall

Ok my question is how the defendant got a $60k set off from the previous settlement. Shouldn't dat collateral source rule gape that argument?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564879)



Reply Favorite

Date: March 8th, 2018 7:14 PM
Author: avocado stag film patrolman

cq. is the collateral source rule applicable in breach of contract?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35564944)



Reply Favorite

Date: March 8th, 2018 7:36 PM
Author: At-the-ready magical hissy fit hall

I wouldn't see why not.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565118)



Reply Favorite

Date: March 8th, 2018 7:41 PM
Author: avocado stag film patrolman

arent the 3rd party buyer and D joint tortfeasors? does the collateral source rule come into play then?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565153)



Reply Favorite

Date: March 8th, 2018 7:46 PM
Author: At-the-ready magical hissy fit hall

If they are joint tortfeasors the result is correct, but I assume the plaintiff recovered against the seller based on breach of contract. I don't think you can intentionally interfere with your own contract.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565174)



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Date: March 8th, 2018 7:47 PM
Author: avocado stag film patrolman

i tend to agreee.... we need some AZ law mastermen here

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565188)



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Date: March 8th, 2018 7:49 PM
Author: At-the-ready magical hissy fit hall

Summon: kirbymo.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565196)



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Date: March 9th, 2018 9:40 PM
Author: stubborn party of the first part brunch

I don't know the specific answer here. But I encountered the issue in a somewhat different context.

I'd start with John Munic Enters. v. Laos, 235 Ariz. 12 (Ct. App. 2014).

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35573208)



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Date: March 9th, 2018 11:59 AM
Author: arrogant crackhouse

I've got some Wayne State bros who might be able to help.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35569444)



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Date: March 8th, 2018 7:51 PM
Author: citrine forum

This is a contract case. Neither party is a tortfeasor. In contract you get your economic damages. Several and joint and several and all the rest of that jazz dont apply. The logic that assigns 350k in expectancy damages is what's fucked. Diamonds are like bricks. They are a commodity good. Go into the market and buy another one. The market is efficient. There shoudnt be more than a token difference in price and your damages are that token amount. Theres no fucking way there was a 350k gap in price.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565207)



Reply Favorite

Date: March 8th, 2018 7:54 PM
Author: avocado stag film patrolman

jfc stfu

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565223)



Reply Favorite

Date: March 9th, 2018 9:41 PM
Author: stubborn party of the first part brunch

(Posner blasting through standards of review, screaming, "The market is efficient!")

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35573216)



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Date: March 8th, 2018 7:41 PM
Author: citrine forum

This is like the classic definition of efficient breach. $350k dollars in expectation damages my asshole. Diamonds are commodity products. Who was the other guys witness? A drooling retard? This judge is a real piece of work....

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565152)



Reply Favorite

Date: March 8th, 2018 7:47 PM
Author: avocado stag film patrolman

that's not how efficient breach works

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565180)



Reply Favorite

Date: March 8th, 2018 7:48 PM
Author: At-the-ready magical hissy fit hall

(80 iq guy)

The concept of efficient breach doesn't mean the seller isn't on the hook for expectancy damages. In fact, it means the opposite.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565192)



Reply Favorite

Date: March 8th, 2018 7:49 PM
Author: Erotic Impertinent Kitty Cat



(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565198)



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Date: March 8th, 2018 7:52 PM
Author: citrine forum

No shit. Its efficient breach. Go into the market and buy another 100k ring. There is no fucking way there was a $350k swing in diamond prices. Whoever tossed out that $350k figure is talking out their ass.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565217)



Reply Favorite

Date: March 8th, 2018 7:54 PM
Author: At-the-ready magical hissy fit hall

Maybe buyers were drooling over the offer because she wasn't asking enough. Hmmmm?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565228)



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Date: March 8th, 2018 7:55 PM
Author: avocado stag film patrolman

cr. our resident tulane alum is a moron

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565235)



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Date: March 8th, 2018 8:04 PM
Author: At-the-ready magical hissy fit hall

That's why he is a compliance goon.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565274)



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Date: March 8th, 2018 8:02 PM
Author: citrine forum

Right, clearly she wasnt -- hence why she ended up flipping it for $150k and not 100. But 350k? Please.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565259)



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Date: March 8th, 2018 8:03 PM
Author: At-the-ready magical hissy fit hall

I guess she should have hired a better expert.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565268)



Reply Favorite

Date: March 8th, 2018 8:09 PM
Author: avocado stag film patrolman



(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565304)



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Date: March 8th, 2018 8:10 PM
Author: citrine forum

There probably was no witness at all. TTT shitlawyers will walk into trials like this without a witness on the reg.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565308)



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Date: March 8th, 2018 8:11 PM
Author: avocado stag film patrolman

P had an expert witness, you moron. at tulane, did they not teach you how to read cases?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565313)



Reply Favorite

Date: March 8th, 2018 8:13 PM
Author: citrine forum

You are profoundly reading comp challenged. Its clear as day Im talking about the D. Go fuck yourself to death already. You either intentionally misread my first post and every post there after or just need your hand held like a tard.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565325)



Reply Favorite

Date: March 8th, 2018 8:17 PM
Author: avocado stag film patrolman

(guy who doesnt hire experts when litigating in front of gorsuch)

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565357)



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Date: March 8th, 2018 8:19 PM
Author: citrine forum

Why would you need experts at the appellate level? Retarded much?

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565365)



Reply Favorite

Date: March 8th, 2018 8:22 PM
Author: At-the-ready magical hissy fit hall

(smart Jewish lawyer who doesn't even get writs of mandamus and prohibition)

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565393)



Reply Favorite

Date: March 8th, 2018 8:24 PM
Author: avocado stag film patrolman



(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565404)



Reply Favorite

Date: March 8th, 2018 8:20 PM
Author: At-the-ready magical hissy fit hall

Lmao. I didn't even click the link and I know more than you.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565372)



Reply Favorite

Date: March 8th, 2018 8:28 PM
Author: doobsian rusted factory reset button theatre

Defendant had an expert. He was instructed not to appraise the Diamond (presumptively because he would then have to say it was worth 300,000) and instead just said that the transaction price must be correct.

¶11 The court then heard evidence from Julie’s gemologist. He testified that he had not been asked to determine the ring’s market value. He stated that “Rapnet may be a shadow of the market. It is not the actual market.” He further testified that market value should be determined by actual transactions and not asking prices—like those on Rapnet. The expert conceded that the diamond listed on Rapnet for $389,000 was the same diamond in question, albeit slightly smaller. Although the expert did not opine on the ring’s market value, he did provide a report on two-carat diamonds listed on Rapnet to show that prices varied up to 25%.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565440)



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Date: March 8th, 2018 8:30 PM
Author: avocado stag film patrolman

ljl they couldnt find a single expert to lie and say the ring was worth 200k"

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565451)



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Date: March 8th, 2018 8:31 PM
Author: slap-happy alcoholic locus

most experts witnesses have way too much integrity to just work backwards from whatever the result the firm that hires him wants

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565456)



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Date: March 8th, 2018 8:35 PM
Author: avocado stag film patrolman

it doesnt even have to be a professional expert witness who has a rep to protect. you could just hire some random kike who has a diamond biz and he can say whatever you want him to say.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565489)



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Date: March 8th, 2018 8:37 PM
Author: slap-happy alcoholic locus

i was actually just flaming. experts are usually total whores (except for prima donna harvard professors who are usually useless to your case)

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565499)



Reply Favorite

Date: March 8th, 2018 8:42 PM
Author: At-the-ready magical hissy fit hall

Lots of experts are retarded. That's why litigation can be a crap shoot.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565527)



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Date: March 8th, 2018 8:45 PM
Author: avocado stag film patrolman

most of the guys you deal with in biglaw are quite sharp. the econ/financial guys know their shit. and any expert in a patent law case is probably a 130 iq stem prof.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565549)



Reply Favorite

Date: March 8th, 2018 8:49 PM
Author: At-the-ready magical hissy fit hall

I litigate broken semi truck cases and my experts are retarded mechanics. Fml.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565570)



Reply Favorite

Date: March 8th, 2018 8:43 PM
Author: avocado stag film patrolman

they're not *total* whores. most of the top guys do want to maintain some amount of credibility so they dont disgrace themselves and become untouchable in future cases.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565536)



Reply Favorite

Date: March 8th, 2018 8:48 PM
Author: Erotic Impertinent Kitty Cat



(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565564)



Reply Favorite

Date: March 9th, 2018 11:50 AM
Author: vigorous nubile national son of senegal

Lmao

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35569346)



Reply Favorite

Date: March 8th, 2018 7:48 PM
Author: provocative underhanded stage chad

take this shit back to 1L Contracts

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565194)



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Date: March 8th, 2018 7:50 PM
Author: Erotic Impertinent Kitty Cat

There are business torts and 3rd party defendants here too.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565202)



Reply Favorite

Date: March 8th, 2018 8:51 PM
Author: avocado stag film patrolman

add this thread to the canon of ARE REPTILE stupidity

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565584)



Reply Favorite

Date: March 8th, 2018 9:34 PM
Author: At-the-ready magical hissy fit hall



(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35565841)



Reply Favorite

Date: March 9th, 2018 11:54 AM
Author: vigorous nubile national son of senegal

The breach wasn’t efficient after all

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35569391)



Reply Favorite

Date: March 9th, 2018 9:33 PM
Author: stubborn party of the first part brunch

This really blew up after I left.

(http://www.autoadmit.com/thread.php?thread_id=3913380&forum_id=2#35573163)