Quote:
Originally Posted by flavius
The difference there though is the card shipped to this person was obviously in his name and address, otherwise it wouldn't of ended up at his doorstep. I'm assuming he was a customer of the auction house and they somehow switched up who won what auction.
So this means the auction house intended for him to receive the card, and he is fully entitled to keep it. You can't ship something to someone then say it is stolen property when the act of shipping it is giving the item to them...
If a bank puts additional money in your account then that is because of a database error that was not consented to. This issue would be resolved pretty fast and if you withdrew the money before it was fixed, you would go into debt and owe the bank money.
The point here is that this is a mistake on the auction house's end and the receiver of the card is a jerk, but not a completely illegal criminal in the most basic definition. Who knows what could happen if he was taken to court though..
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I think it applies in cases of mis-delivery. I'm not sure if the packing and shipping process also counts as delivery though. But I'd be inclined to think that with SCL being the auction house, that they never factor into the "ownership", only the "possession" of the item. And I think that would make them part of the delivery process involved in the card changing "ownership".
I'm no attorney though, just a lowly Ironworker...