Posted By:
Josh K.Cobby,
Damages do not have to be monetary. If the card was rare and otherwise unattainable, that is your damage. Same goes for irreparable harm. I am, of course, assuming facts not in evidence - rarity. The assumption is based simply on the fact that kyle didnt go out and just find a replacement when the card wasnt sold. Of course, there could be other reasons for not doing so. The point is, you cant simply conclude that he has no cause of action or damages b/c he got his money back.
I would also add that if it cost him more to replace the card, he would be damaged in the extra amount it cost him to obtain the card by other means. Of course, under that scenerio, there would be no irrep. harm.