offer and acceptance

[sparrowhawk]

i would like to ask a question as to what would be recognised as a correct interpretation of basic contract law on this forum, and whether it is actually upheld here, or ignored, and are we obliged to adhere to it.

Do you think people who blantantly disregard our trading laws should be accountable, and in which ways would be deemed fit in order to keep the integrity of this forum?

i am asking because again i have had an experience where a contractual obligation between myself and another member on here has been broken by the seller through absolutely no fault from myself, you can see how its been negatively reflected on my once perfect feedback score, and also no response from the moderators through apathy perhaps

[baffled.orange]

Re: offer and acceptance

Happened to me a wee while back made a deal finalized it, and then the guy backed out a couple days later leaving me in difs, i just had to take it on the chin and move on, hopefully things go better for you.

[ash8811]

Re: offer and acceptance

I feel for you dude.

This has happened to me more than once.

Shake on a deal, get no comms for two days, msg seller and they have sold it already.

Not sure where you stand.

This is one good reason to be able to post on sale threads i guess.

Ash

[Ells]

Re: offer and acceptance

in theory it is breaking contract law, however its unlikely they care/ you're going to take legal action against them, which adds to the problem

[jagillham]

Re: offer and acceptance

Technically if you make an offer, and they accept it (without modification, otherwise that's a counter offer) then they are bound to complete on them terms. You could potentially sue for damages if they don't (ie, any extra of sourcing it elsewhere).

If somebody would take it that far, doubt it.

Not really the forums responsibility to police it in my view, as if people really that bothered / put out... court is a better option than a mod PM.

If we going to police here, I'd be more worried about the number of 'illegal' sales first!

[tisane]

Hands up how many forum members know about UK trading law??
I bet i wouldnt have to take my socks off to count.
I know i dont.
Define a "contractual obligation" please.

[-=256=-Swerve]

Re: offer and acceptance

This wont help you now, but it's best to view a sale as being complete only when funds have been exchanged, then at least you have some comeback outside the vagueries of the moderators

[Panoptes]

Re: offer and acceptance

Come on guys, this is law applicable to retailers not private sales...

And the mods/admins aren't here to wipe your tears.

[baffled.orange]

Re: offer and acceptance

Just had a look at the feedback the guy left you, totally un-called for he agreed sale and then due to the item being damaged on his end he gave you bad feedback, take this up with the mods hopefully it gets resolved.

[guard-sniper87]

Re: offer and acceptance

The fact is mate

There is no law on this forum

the mods have said along the lines of the forum is a trading place not a dealings base etc as many deals are done via pms and emails

and as paypal is used plus trades it is out of the forums hands

Hense there are soo many scammeds still able to trade and many shops still selling on here

But none the less mate if the matter is delt with proffesionally by the parties involved then won't be an issue as the negative feedback can be positively taken

Like saying on it a mis interpritation was involved but dealth with brilliantly
etc

But there is no law on the forum per se only the ones we tend to keep checking

[caffin999]

Re: offer and acceptance

This wont help you now, but it's best to view a sale as being complete only when funds have been exchanged, then at least you have some comeback outside the vagueries of the moderators

technically under contract law a contract can be complete before payment is made.

as jag says there are probably multiple breach of contracts on here per month. However going to the trouble of going through the civil courts over a small value item is seen as unecessary for most I would think.

[caffin999]

Re: offer and acceptance

The fact is mate

There is no law on this forum

the mods have said along the lines of the forum is a trading place not a dealings base etc as many deals are done via pms and emails

and as paypal is used plus trades it is out of the forums hands

Hense there are soo many scammeds still able to trade and many shops still selling on here

But none the less mate if the matter is delt with proffesionally by the parties involved then won't be an issue as the negative feedback can be positively taken

Like saying on it a mis interpritation was involved but dealth with brilliantly
etc

But there is no law on the forum per se only the ones we tend to keep checking

just because the forums can't enforce contract law does not mean a court cannot guard.

If a clear contract has been agreed to and finalised it is likely a court would enforce a breach of it. it is just whether anyone could actually be bothered

[-=256=-Swerve]

Re: offer and acceptance

technically under contract law a contract can be complete before payment is made.

as jag says there are probably multiple breach of contracts on here per month. However going to the trouble of going through the civil courts over a small value item is seen as unecessary for most I would think.

Technically....yeah

but does your input help the OP any more than mine?

I think not

[caffin999]

Re: offer and acceptance

Technically....yeah

but does your input help the OP any more than mine?

I think not

woah people are angry tonight. Where did I say you had no right to post your thoughts and views? I was merely posting my view on the matter

[sparrowhawk]

Re: offer and acceptance

Come on guys, this is law applicable to retailers not private sales...

And the mods/admins aren't here to wipe your tears.

well this is where you mistaken, and as to wiping away my tears, this was for an item that was less than ten pounds that i couldnt give a fcuk about...it is not the point it is the principal of the fact that when someone agrees to sell an item to you they should stand by it. the mods duties should be to iradicate poor traders, whether its scammers, time wasters, commercial sellers, and all other people who break the law.