[Archive]

Posted By: warshawlaw

Dan: you da man; I totally agree w/r/t ending auctions early--it is creepy. I posted some stuff during dime day and I've been deluged with end it early inquiries. Frankly, since ebay tells you how many people are watching your auctions, I would have to be crazy to end an auction early if several people are watching it. I especially have to laugh when the end it early message offers me less than my minimum bid.

Lawyers: I have to differ on the evidence issue. Preponderance of the evidence still requires a majority of supporting evidence. THE BUYER HAS NONE w/r/t whether the seller mailed the card and whether it came back. He wasn't there. Only the seller has the info. Anything the buyer suggests contrary to the seller's story lacks any foundation and asks the finder of fact to disregard the evidence. Any lawyer on his toes in court would object to that kind of evidence or argument. Plus, the buyer has the burden of proof. Credibility issues (assuming the seller comes off badly) do not allow the finder of fact to totally disregard the undisputed evidence and find in favor of a plaintiff who cannot otherwise prove his case. Well, maybe in Texas (I hear the common law down there is pretty strange )

Joann: Remember this little tidbit: every state has its own law of damages for fraud and most any other tort. There are surprising variants from the "norm" taught in law school.