Quote:
Originally Posted by gregndodgers
As a lawyer who has negotiated multimillion dollar deals and is pretty well versed in contract law, I have to disagree with some of the posts on this thread. If a post is made (such as the one made here) that advertises specific cards for sale and that post includes the material terms of the sale, which besides a description of the item for sale, typically includes the sale price including shipping and handling, and the method of payment, then that is the offer, and the first to accept those terms is the rightful buyer and has, in layman’s terms, “first dibs.” Absent a good reason, an individual cannot simply choose whom to sell to.
Greg
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Here's some of the landmark cases:
Fisher v. Bell (1961) and Partridge v. Crittenden (1968) set forth the longstanding principle that posting or advertising an item for sale is an "invitation to treat" and not an "offer to sell."
The cases you are referring to are Carlill v Carbolic Smoke Ball Co (1893) and All Phases of Services Ltd v Johnson (2014). They suggest that what is usually an invitation to treat can become an offer to sell IF the advertisment clearly indicates and intent to be bound, and the intentions of both parties are clear and agreed upon, demonstrated through the conduct of the parties involved.
So as I said, posting a card for sale, with a price, is a invitation to treat and not an offer UNLESS the listing clearly states that the first person to accept will get the card.