Ironically, if you pull up Lelands' terms and conditions, it's immediately apparent that they weren't written by a lawyer. Probably by some dude in marketing. Crying out for some lawyer to review them. Lack even the most basic terms and conditions one would expect to see with regard to significant commercial transactions.
QUOTE=BobC;2206278]Carter, don't disagree at all that that could possibly happen, but this is one of the problems with the legal system we have, and how attorneys get all wound up in this minutiae of words, specifics, implied meanings and what all else, to the point that most everyday, ordinary people start looking at agreements, contracts, leases and documents that are like novels because they're so ridiculously long, and contain so much unintelligible fine print that normal people see all this and often have absolutely no clue what is being said and its meaning, and so just end up wondering........W - T - F!
I've often felt that if there was ever a law to be passed, it should be one that requires things always be written in plain, simple English that every ordinary person can actually understand. But instead we're constantly faced with all this legalese and lawyer-speak, that is akin to a foreign language to most people. No wonder we end up with as many lawsuits as we do with all the confusion and misunderstanding that is out there in the world.
And in this particular case regarding the Brady football, a decision like this should never be left to just one single person (a judge) to make. As Peter alluded to in an earlier post, wouldn't that be like basing the outcome on an n of 1 sample, where there's only one item in the sample that an outcome is based off of. Well that sure doesn't seem to be a fair and logical way to determine something in accordance to how normal people in our society would view it. For that you'd want something more like ummmm, oh yeah, a jury of your peers to be able to give a more balanced opinion.
But if you're right that a judge would most likely decide a case like this themself, a former judge, who is also a Net54 member, has already weighed in on this thread and seemed to favor the seller's position in this case. Still as you say, we'll have to wait and see how this plays out. But I still feel the real crux of this case revolves around when the liability for the potential loss of the football's value transfers to the buyer. Pretty much everyone believed Brady had retired or good and the football was as advertised, and technically it still is.
Have a good one.[/QUOTE]
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