Merchandiser transport

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john t peterson
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Re: Merchandiser transport

Post by john t peterson »

In the United States, the three requirements for an enforceable contract are: the offer, the acceptance and the consideration. With the acceptance of the deposit by the seller, all three were met in this case. There was a valid contract which the sellers broke when they resold the items to another purchaser.

Ebay has given some patrons the idea that no deal is truly complete until the item is picked up. This is false. It leads to the type of conduct described above.

Seeing as our legal system is a direct descendant of English law, I'm fairly certain that the same principles apply in Great Britain.

J Peterson
American Attorney at Law :didact:
jonesthegarage
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Re: Merchandiser transport

Post by jonesthegarage »

You're right John, we would consider "offer and acceptance" a contract but always with the over riding consideration of what was in the contemplation of both parties, i.e. did they know what they were "offering" and "accepting". Of course what we are dealing with in the preceding thread is not the remedy of law but the ethics of the transaction. Aggrieved parties could always seek remedy through law and might meet with some degree of success in a small claims court, but I doubt they will bother to pursue it.

Is the basis of US law not still six guns on a dusty street at noon then?
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john t peterson
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Re: Merchandiser transport

Post by john t peterson »

Yes, all too often.

JP !!BANGBANG!!
slotsoffun
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Re: Merchandiser transport

Post by slotsoffun »

Hi Guys,
Following this thread with interest, but someone shed some light on what a Clown Catchers Merchandiser is???? Also why can no one tell us who this "seller" is so we can avoid being duped! Or PM me.
I feel for the guy who went to the trouble, time and expense of hiring a van only to be told "no deal". It just goes to prove that having a receipt and/or paying a deposit hold no water legally! Well, OK on paper the law states you can't do this or that, but unless you got the time, the money and effort to go through courts etc... I think we just need to be told about unscrupulous sellers on eBay.
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moonriver
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Re: Merchandiser transport

Post by moonriver »

The ebay couple concerned are selling under the name vegasvolt2011. For the record, the machines I negotiated buying from them, paid the deposit, returned with the hire van to find they'd sold the two best ones for more money to someone else, were not items they were listing on ebay. A different listing of theirs made me contact them initially. I have owned and operated inland amusement arcades for over 25 years and so I'm used to dealing with showmen and collectors alike who's word is their bond and a shake of the hand is a deal done (and kept to).
pennymachines
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Re: Merchandiser transport

Post by pennymachines »

slotsoffun wrote:someone shed some light on what a Clown Catchers Merchandiser is????
I think there's an apostrophe missing - "Clown Catcher's Merchandiser", i.e. the Rotary Merchandiser that Forum member Clown Catcher won but was unable to collect from vegasvolt2011.

I'm sorry to hear you were let down so badly.
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moonriver
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Re: Merchandiser transport

Post by moonriver »

I hear you collected your merchandiser and took your own guys to get it through the window......great result, I bet the sellers had faces like smacked arses as they were expecting you to give up I think! Even though its a bit of a lump you got a great price !!YIPPEE!!
jonesthegarage
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Re: Merchandiser transport

Post by jonesthegarage »

I noticed the Ruffler and Walker Helicopter started at £1500, went to just over £1700 but was pulled not long before auction end only to re-appear with a £2400 start and £3500 buy it now. As said before, until you've got it in your vehicle it ain't yours where these people are concerned. Well done the merchandiser winner, not my cup of tea but I can see its attraction, especially at that price.
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moonriver
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Re: Merchandiser transport

Post by moonriver »

seems like vegasvolt2011, the dodgy ebay couple who dont like it when folks win their auctions at prices they think are too low have been at it again! I just noticed another negative feedback placed by someone else who won their 'pets show band' working model , and didn't manage to get it from them
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