Re: [CR]Breach o' Condor contract

(Example: Racing:Wayne Stetina)

Date: Mon, 28 May 2007 01:25:44 -0400
From: "Sadiq Gill" <sadiqgill@gmail.com>
To: beandk@rcn.com
Subject: Re: [CR]Breach o' Condor contract
In-Reply-To: <000a01c7a0b7$62bf9310$6d7ba8c0@dkbwin2k>
References: <000a01c7a0b7$62bf9310$6d7ba8c0@dkbwin2k>
cc: "Classic Rendezvous \(E-mail\)" <classicrendezvous@bikelist.org>

Perhaps you may have missed a few days?

Sorry to differ, but you got it wrong. Aaron gets to go out and buy another Condor in as close a condition as the one beng sold by Seller. If he pays more for it the Seller owes Aaron the difference. If Aaron pays less for equal,then he has actually suffered no damages. There are no real remedies that would force Seller to disgorge his 'additional profit' to Aaron. All Seller has to do is make Aaron whole.

My honest guess is that this like many other Craigslist transactions are so fraught with vagueries that until money and goods change hands their has been not sufficient 'meeting of the minds' to constitute an enforceable contract.

I also think it imprudent to comment on others' ethics or lack thereof without hearing the full story. If as others have suggested, true acceptance of the deal was cash in hand, then Aaron's 'acceptance was not live until his check was received and fully negotiated and at any time prior to his 'acceptance' he was subject to having the offer pulled............ .

ps........ironically....the 'new' buyers email is breaches at gmail......too funny. Awwwww...let him fly his Condor is peace.

On 5/27/07, David Bean <beandk@rcn.com> wrote:
>
> I've only just finished my first year of ambulance-chaser school, but I
> did
> learn a little about contracts. Aaron talked to the seller. They
> bargained
> for a deal - the seller offered Aaron the bike, shipped, for some amount
> and
> he agreed and said he would put his check in the mail. When his check WAS
> actually in the mail he formed a CONTRACT to buy the bike. Someone else
> came along and offered the seller some more money, cash, right now, and he
> took it. The seller BREACHED the contract he had with Aaron. If he took
> more money for it than he had agreed to take from Aaron, he OWES Aaron at
> least the ill-gotten difference.
>
> Businesses pull this shit all the time on each other and they get sued for
> it for a lot of bucks.
>
> I've sold things on Craig's List and it pays to know how you're going to
> deal with the many people who will pop up and want it. Are you going to
> sell it to the first person who shows up with cash? Will you take a
> Paypal
> payment as a deposit so they have an option? Checks? How do you deal
> with
> the order of callers, none of whom can come right now?
>
> David Bean
> Arlington, MA
> beandk at are-see-enn dot com
> _______________________________________________
>

--
Sadiq Gill
Richmond, VA