[PLUG-TALK] Bluecare Express?

John Jason Jordan johnxj at gmx.com
Tue Jan 26 21:37:56 UTC 2021


On Tue, 26 Jan 2021 15:34:58 -0500
Tomas Kuchta <tomas.kuchta.lists at gmail.com> dijo:

>So, when you buy stuff on ebay it cost the seller real money and
>trouble.
>
>I hope that it changes your view of things,

It does not change my view of things. Yes, it is possible that the
Chinese seller may be using an agent in Vancouver, but there is no
denying that the listing says the product is located in Vancouver, yet
they are shipping it airmail. Unless they maintain a fleet of drones to
fly it over the river, it couldn't be located in Vancouver.

And yes, I understand that the seller will be charged by eBay in spite
of the cancellation of the order. But the seller lied. The seller will
get exactly what they deserve. In fact, I wish that the penalty was
greater.

It is also possible that we are dealing with a legal or cultural
difference. In the US (as well as Europe and the rest of the Americas)
misrepresentation and fraud (legal terms*) result in a contract that is
voidable by the injured party. I have every legal right to refuse to pay
anything. But the law may be different in China. Maybe people there are
accustomed to sellers being legally allowed to lie.

*From my previous life teaching business law, 'innocent
misrepresentation' is when you stated something thinking it was
correct, but it was not. 'Negligent misrepresentation' happens when you
had a duty to check and a reasonably inquiry would have revealed the
truth, but you did not check. 'Fraud' is when you stated something
incorrect knowing that it was not true. All three result in the damaged
party having the right to rescind - cancel the contract with a full
refund. Fraud, however, is also criminal, so you can spend some time in
the big house. Lawsuits about these issues don't usually deal with what
the seller said, because that is usually written down and obvious. The
legal arguments revolve around whether the buyer had the right to rely
on the seller's representations. In this case there is no question that
I did have the right to rely on the seller's representation that the
item was in Vancouver, and it was also clearly fraud because it was not
in Vancouver and the seller knew it.



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