I think that people would do better to consider the bst board a classified advertisement, rather than an ebay substitute. There is an apparent assumption by some that some subset or variation of ebay rules are in effect.
<< <i>I think that people would do better to consider the bst board a classified advertisement, rather than an ebay substitute. There is an apparent assumption by some that some subset or variation of ebay rules are in effect. >>
Good point, I always assume there is a chance the coin is gone and ask if it is still available before agreeing to buy it.
I am the would-be buyer and again reiterate that I over-reacted. For that, I apologize.
But, there has been much wrong information posted about what it takes to make a contract and if there was a contract. In its most basic sense, a contract requires an offer and an acceptance.
Many here have wrongly said that a BST posting is not an offer. That position I believe is legally incorrect. Many have argued that a website posting is not an offer but a solicitation for an offer, much like a general advertisement in a newspaper. The problem with that argument is that an advertisement can constitute an offer, depending on how it is phrased. Courts have said as much. California is leading the way in this area although most states have adopted laws allowing contracts to be considered complete if accepted by email, PM or electronic means like clicking a box even in cases where state law otherwise requires a real signature to effect a contract. If the website posting says this item is for sale here for $50 and you are the first person to agree to the $50 offer with no additional strings attached you have a contract. Of course, you have to come through with the consideration of $50 within the stated time or a reasonable time if none is stated.
My point is not to defend being overly terse. I was. I was having a bad day and should not have gotten upset about a coin.
I do want to say, however, that many are giving bad information about contracts that may get someone else in trouble. For my part, I am not offering anyone specific or personal legal advise but rather I am merely suggesting that if you think that the formality of eBay versus the informality of the BST Forum means much, it does not. The "offer" is the act of saying that you are willing to sell at a fixed price. If you don't want to do that, you should say that you are seeking offers as many here do.
Again, I apologize for my boorishness both to the OP and the Forum generally.
<< <i>I am the would-be buyer and again reiterate that I over-reacted. For that, I apologize.
But, there has been much wrong information posted about what it takes to make a contract and if there was a contract. In its most basic sense, a contract requires an offer and an acceptance.
Many here have wrongly said that a BST posting is not an offer. That position I believe is legally incorrect. Many have argued that a website posting is not an offer but a solicitation for an offer, much like a general advertisement in a newspaper. The problem with that argument is that an advertisement can constitute an offer, depending on how it is phrased. Courts have said as much. California is leading the way in this area although most states have adopted laws allowing contracts to be considered complete if accepted by email, PM or electronic means like clicking a box even in cases where state law otherwise requires a real signature to effect a contract. If the website posting says this item is for sale here for $50 and you are the first person to agree to the $50 offer with no additional strings attached you have a contract. Of course, you have to come through with the consideration of $50 within the stated time or a reasonable time if none is stated.
My point is not to defend being overly terse. I was. I was having a bad day and should not have gotten upset about a coin.
I do want to say, however, that many are giving bad information about contracts that may get someone else in trouble. For my part, I am not offering anyone specific or personal legal advise but rather I am merely suggesting that if you think that the formality of eBay versus the informality of the BST Forum means much, it does not. The "offer" is the act of saying that you are willing to sell at a fixed price. If you don't want to do that, you should say that you are seeking offers as many here do.
Again, I apologize for my boorishness both to the OP and the Forum generally. >>
That was awfully good of you to apologize and give your opinion here. I think it was good and hope others don't pounce like I know some will.
I agree, hopefully posts will reflect that James has stood up and admitted he was wrong. But James, you need to stop with the BUT BUT BUT, a contract is this that or the other.... I for one work in collections and have for over 20 years, and I know there are a lot of lawyers on this thread. Your post tempts me to post about that, but am refraining, just admit you screwed up and leave it at that, or this thread will never die.
<< <i>Sounds like a bunch of human nature gone haywire. Nothing more. >>
Well said. Once you decide you want something, say "I'll take it" and basicly log it into your collection it hurts to be told you can't have it. Doesn't excuse his overreaction but makes it understandable. --Jerry >>
<< <i>I agree, hopefully posts will reflect that James has stood up and admitted he was wrong. But James, you need to stop with the BUT BUT BUT, a contract is this that or the other.... I for one work in collections and have for over 20 years, and I know there are a lot of lawyers on this thread. Your post tempts me to post about that, but am refraining, just admit you screwed up and leave it at that, or this thread will never die. >>
Couldn't agree with anything more than the above....covers everything I was thinking (except I don't work in collections )
Comments
Shoot I was watching, I have never watched to intentionally hit a milestone until now and I missed it. 198, 199, phone rings, 201.
Steve
<< <i>So, when 5 people send this PM, how do you handle it? This should be interesting since you think all should receive the item.
I handle it by first come first served, is that interesting enough for you?
And, in case of a tie I flip the coin.
Steve >>
Sorry I cracked up when you used a pun. flip the coin might mean neither gets it because it will go straight to e-bay.
Steve
<< <i>I think that people would do better to consider the bst board a classified advertisement, rather than an ebay substitute. There is an apparent assumption by some that some subset or variation of ebay rules are in effect. >>
Good point, I always assume there is a chance the coin is gone and ask if it is still available before agreeing to buy it.
But, there has been much wrong information posted about what it takes to make a contract and if there was a contract. In its most basic sense, a contract requires an offer and an acceptance.
Many here have wrongly said that a BST posting is not an offer. That position I believe is legally incorrect. Many have argued that a website posting is not an offer but a solicitation for an offer, much like a general advertisement in a newspaper. The problem with that argument is that an advertisement can constitute an offer, depending on how it is phrased. Courts have said as much. California is leading the way in this area although most states have adopted laws allowing contracts to be considered complete if accepted by email, PM or electronic means like clicking a box even in cases where state law otherwise requires a real signature to effect a contract. If the website posting says this item is for sale here for $50 and you are the first person to agree to the $50 offer with no additional strings attached you have a contract. Of course, you have to come through with the consideration of $50 within the stated time or a reasonable time if none is stated.
My point is not to defend being overly terse. I was. I was having a bad day and should not have gotten upset about a coin.
I do want to say, however, that many are giving bad information about contracts that may get someone else in trouble. For my part, I am not offering anyone specific or personal legal advise but rather I am merely suggesting that if you think that the formality of eBay versus the informality of the BST Forum means much, it does not. The "offer" is the act of saying that you are willing to sell at a fixed price. If you don't want to do that, you should say that you are seeking offers as many here do.
Again, I apologize for my boorishness both to the OP and the Forum generally.
<< <i>I am the would-be buyer and again reiterate that I over-reacted. For that, I apologize.
But, there has been much wrong information posted about what it takes to make a contract and if there was a contract. In its most basic sense, a contract requires an offer and an acceptance.
Many here have wrongly said that a BST posting is not an offer. That position I believe is legally incorrect. Many have argued that a website posting is not an offer but a solicitation for an offer, much like a general advertisement in a newspaper. The problem with that argument is that an advertisement can constitute an offer, depending on how it is phrased. Courts have said as much. California is leading the way in this area although most states have adopted laws allowing contracts to be considered complete if accepted by email, PM or electronic means like clicking a box even in cases where state law otherwise requires a real signature to effect a contract. If the website posting says this item is for sale here for $50 and you are the first person to agree to the $50 offer with no additional strings attached you have a contract. Of course, you have to come through with the consideration of $50 within the stated time or a reasonable time if none is stated.
My point is not to defend being overly terse. I was. I was having a bad day and should not have gotten upset about a coin.
I do want to say, however, that many are giving bad information about contracts that may get someone else in trouble. For my part, I am not offering anyone specific or personal legal advise but rather I am merely suggesting that if you think that the formality of eBay versus the informality of the BST Forum means much, it does not. The "offer" is the act of saying that you are willing to sell at a fixed price. If you don't want to do that, you should say that you are seeking offers as many here do.
Again, I apologize for my boorishness both to the OP and the Forum generally. >>
That was awfully good of you to apologize and give your opinion here. I think it was good and hope others don't pounce like I know some will.
Steve
Well said and I do believe sincere. JMO. jws
<< <i>
<< <i>Sounds like a bunch of human nature gone haywire. Nothing more. >>
Well said. Once you decide you want something, say "I'll take it" and basicly log it into your collection it hurts to be told you can't have it. Doesn't excuse his overreaction but makes it understandable. --Jerry >>
good point Jerry
Rob
"Those guys weren't Fathers they were...Mothers."
<< <i>I agree, hopefully posts will reflect that James has stood up and admitted he was wrong. But James, you need to stop with the BUT BUT BUT, a contract is this that or the other.... I for one work in collections and have for over 20 years, and I know there are a lot of lawyers on this thread. Your post tempts me to post about that, but am refraining, just admit you screwed up and leave it at that, or this thread will never die.
Couldn't agree with anything more than the above....covers everything I was thinking (except I don't work in collections
I've been told I tolerate fools poorly...that may explain things if I have a problem with you. Current ebay items - Nothing at the moment
hug and a time of
healing.
Check out my current listings: https://ebay.com/sch/khunt/m.html?_ipg=200&_sop=12&_rdc=1
<< <i>Now it is time for a group
hug and a time of
healing. >>
Kumbaya
A capella
I say we have a public flogging for the OP.
``https://ebay.us/m/KxolR5