Posted By:
peter chaoJoe D.,
I'm on Ryan's side, I'm just trying to save him some money on legal fees. If Ryan came into my office I would explain to him that lawsuits are all about money. It doesn't make any sense to sue over $10,000 unless there are potentially huge damages. I just don't see it.
All I see is negligence on the part of SCP, here's what their attorney would argue. Most people would say that an auctioneer like a retail store has the right to display their items in the most favorable light. Perhaps SCP went overboard, but that is simply negligence and nothing more.
Also, the fact remains that you need to show intent to decieve by preponderance of the evidence. This is higher than the "more likely than not" standard of torts. I just don't think Ryan can meet the standard of proof.
Peter C.