[Archive]

Posted By: Joann

Wow. What a great thread! A few legal questions.

About whether there were damages, regarding the ability to go get another card and/or whether kyle did: If these cards - now on ebay - sell for, say, 2X what kyle had offered, couldn't that be evidence of damage? The difference between what he paid and the fair market value of procuring replacement? Isn't this even in UCC somewhere for failure to deliver? So even if he didn't get the cards, wouldn't the seller be liable for the cash value of the difference? (This assumes that replacements are even reasonably available and future purchase by kyle is an option - back to the Four Base Hits hypo.)

Regarding mutual cancellation of the contract after 'lost in mail': Wouldn't kyle be able to show via his many emails requesting performance that this contract was unilaterally cancelled by the seller? His acceptance of a refund doesn't necessarily mean that he has agreed to forego the benefit of the bargain, right?

And WHO SAYS YOU DON'T LEARN HERE???? lolol I'm on the slow boat through law school right now - taking night classes, working full time and then some, and old besides . I just this term hit 2L.

I think this has been a great thread.

Joann