Reopening Part Deux! We have a more powerful server, twice the CPU and four times the RAM.
I'm kind of afraid to say this but... let's stress test this thing!
Wow, let me goole that for you as a response. Nice. Not especially helpful for a quick rundown on it though. More of a cop out, really, showing that you would rather sit there and be smug than bother to type out a couple of sentences. In the time that it took you to go to that link, cut it and past it in here, you could have said something simple like "He has no case because of _____." Perhaps instead of being snarky and telling us we don't have a clue, next time you will take a minute and give us a quick explanation instead of links. And then a repeat of the link when we ask for a synopsis.
There's a whole bunch of people here that don't really understand contract law. Y'all need to review the legal concept called "unilateral mistake," and pay particular attention to Donovan v. RRL (27 P.3d 702 (2001)).
Originally posted by gun toting monkeyboy
This is why many of us are following the thread. Instead of telling us that we don't understand the law (duh, we know that), give us the clif notes version.
There's a whole bunch of people here that don't really understand contract law. Y'all need to review the legal concept called "unilateral mistake," and pay particular attention to Donovan v. RRL (27 P.3d 702 (2001)).
This is why many of us are following the thread. Instead of telling us that we don't understand the law (duh, we know that), give us the clif notes version.
So if I mistake my gas pedal for my brake and drive up on my neighbors lawn and kill his cat and total his car I'm not liable ?!? Or would I have to have a employee to it so I can hide behind his "honest" mistake ?
There's a whole bunch of people here that don't really understand contract law. Y'all need to review the legal concept called "unilateral mistake," and pay particular attention to Donovan v. RRL (27 P.3d 702 (2001)).
So does this mean the buyer has some sort of legal recourse?
-Mb
I am not sure of the rules for Gunbroker as I have never used them, but I have and do use eBay, which uses a similar format. If I as the seller post a price, even as a mistake and a buyer agrees to that price, it is a binding contract and I have to honor that. I have in the past forgot to add or have incorrectly added shipping costs to which I just had to eat it. Sometimes at a loss. As unforntunate as that may be, my reputation by feedback for future transactions is more important. I just chaulk it up as lesson learned.
Legally, and I am no lawyer, I think the seller is at fault. The buyer placed a bid and was accepted by the seller. According to the OP, the seller then sent a comfirmation email. Unless the OP failed to make payment, this is a binding contract.
The unfortunate part as far legal recourse is the lawyers and court fees, especially across state lines will eat up more time and money than the transaction is worth.
This is from Gunbroker's site for Sellers responsibilities: Sellers’ Rules
1. Listing. Once you list an Item for auction it becomes an irrevocable offer to sell the Item to the winning bidder. Once there is a winning bid, you have a binding legal agreement to sell the listed Item to the winning bidder under the User Agreement, these Site Rules, and according to the terms of your listing for the Item. Once you list an Item and receive a winning bid, you cannot withdraw it from sale. Please carefully consider these obligations before you place an Item for auction.
Found here:
If the gun was so obviuosly under priced it may have been an accident.. Maybe they could have compensated you with a gift certificate or credits or something to make up for it atleast..??
But IMHO to be "screwed"
1) cheated you an stole your money without delivering product
2) sold you a damaged product
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