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#11
07-14-2007, 06:52 AM
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Legal issues in the hobby
Posted By: P Spaeth
I suppose another out for PSA on the Wagner or analagous situation (leaving aside what their published policy may be and just talking general legal principles) would be to say that their certification is not a representation or warranty of authenticity but rather an opinion -- in their opinion, a card is authentic and in a certain condition. So to prevail then, one would either have to show the opinion was knowingly false (enter Bill Hughes?) or, if a negligence theory is viable (and I am still not sure PSA really has a duty of care towards the world at large in the context of grading a card for a small fee), that it was rendered without the exercise of due care. 
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