Partially ripping a card opening the mail

[vintagetoppsguy]

Originally Posted by frankbmd

My full name is always in my posts, but I resent the fact that you are implying that my comments are also stupid, simply because I disagree.

Disagreeing is one thing. Making condescending remarks about 'stumping your toe' or 'making a how to video on how to open a package' is another thing.

[TheNightmanCometh]

Did the OP pay for shipping or was shipping free?

[Mdmtx]

Originally Posted by vintagetoppsguy

Disagreeing is one thing. Making condescending remarks about 'stumping your toe' or 'making a how to video on how to open a package' is another thing.

My post was not anymore condescending than the other preposterous ideas that have been posted. We really need to get off the get something for nothing wagon, and begin to hold ourselves with esteem and pride. Be responsible and accountable.

[frankbmd]

Originally Posted by frankbmd

My full name is always in my posts, but I resent the fact that you are implying that my comments are also ridiculous, simply because I disagree.

Originally Posted by vintagetoppsguy

I just pulled up to Starbucks and ordered a large coffee. About 3 blocks away, I hit a pot hole and spilled it all over myself. Come to find out, the lid wasn't on good. Help me out here, Mark. My fault for ordering the coffee to begin with? My fault for hitting the pothole? My cars fault because the shocks are bad and shouldn't have caused such a big jolt? The girl at Starbuck's fault for not putting the lid on good to begin with?

Oh, and next time wear some shoes, Mark. Shoes are meant to protect your toes - kind of like a top loader and cardboard are meant to protect a card.

Originally Posted by vintagetoppsguy

Disagreeing is one thing. Making condescending remarks about 'stumping your toe' or 'making a how to video on how to open a package' is another thing.

May I add spilling your coffee in your lap to your list?

[vintagetoppsguy]

Originally Posted by frankbmd

May I add spilling your coffee in your lap to your list?

Yes, right after you add this genius comment to the list...

Originally Posted by frankbmd

David,

Can you differentiate between a bubble mailer reinforced with industrial cardboard and a white envelope? If not, send me pics and I will suggest a strategy to open it safely.

[Mdmtx]

Let's make a few assumptions:

1. Op contacts legal counsel and they sue based upon tort law.
2. They win said case
3. If emotional distress or bodily injury don't exist, and I assume they don't, all the prevailing side will collect actual damages.
4. Assume it is a card that would have graded fair but for the tear
5. Assume the card tore into equal halves.
6. Both of the equal halves would technically grade authentic.
7. Hypothetical value of an authentic grade vs 880 dollar fair grade is say, 200 dollars each half.
8. His new value is 400 dollars and he experienced 480 dollar loss
9. Court finds each responsible to the tune of 50/50
10. His recovery is 220.

[Stonepony]

Originally Posted by Mdmtx

Let's make a few assumptions:

1. Op contacts legal counsel and they sue based upon tort law.
2. They win said case
3. If emotional distress or bodily injury don't exist, and I assume they don't, all the prevailing side will collect actual damages.
4. Assume it is a card that would have graded fair but for the tear
5. Assume the card tore into equal halves.
6. Both of the equal halves would technically grade authentic.
7. Hypothetical value of an authentic grade vs 880 dollar fair grade is say, 200 dollars each half.
8. His new value is 400 dollars and he experienced 480 dollar loss
9. Court finds each responsible to the tune of 50/50
10. His recovery is 220.

Mark....come on now...

[Mdmtx]

Originally Posted by Stonepony

Mark....come on now...

Which part do you find erroneous?

[Stonepony]

Originally Posted by Mdmtx

Which part do you find erroneous?

That the two halves of a $800 card, if graded authentic , would be valued at $200 per half ( I think I said that right) . A$800 card now torn in half is worth $400?? Nope

[Mdmtx]

Originally Posted by Stonepony

That the two halves of a $800 card, if graded authentic , would be valued at $200 per half ( I think I said that right) .

Like I said, those were assumptions. The facts are, each half would grade authentic, authentic cards have value. A court wouldnt go into semantics about technical grade or eye appeal. It would boil down to the black and white facts of what previous authentic examples had exchanged. My valuation may not be right, but only assumptions, like I said.

One thing I failed to mention would be the legal fees. They could ranged to 100k or more depending on the level of fight the opposition posed. Or it could be a small claims deal.

My outline was merely my interpretation of the legal outcome with hypothetical values presented.

[Zach Wheat]

Originally Posted by Mdmtx

Let's make a few assumptions:

1. Op contacts legal counsel and they sue based upon tort law.
....
9. Court finds each responsible to the tune of 50/50
10. His recovery is 220.

...less $10,000 in legal fees

Apologies to Jeff L, Larry7, AL-R and all the other attorneys on the board.

[egri]

I can see both sides here; the card should have been packaged more carefully, and that probably would have prevented this from happening. OTOH, my understanding of shipping regulations (lawyers, please correct me if I'm getting this wrong) is that the ownership of the card transfers at the destination; after that the buyer is liable. If I was a buyer who received a card packaged like that, I'd be pretty cheesed off about it too, and if I was a seller and a buyer tried to get a refund for a card that was damaged in their possession, I'd probably fight it too.

In a similar vein, whenever I send a TTM request, I always toss in a couple of index cards to protect the card. Sometimes they come back, sometimes they don't, on a few occasions the player has wrapped up my card and ICs inside my letter of request to further protect the card. Whatever the case is, I always open each SASE like it is just an envelope with a card and no other protection, which a lot of times is the case.

[the 'stache]

This thread makes my head hurt.

[Stonepony]

Originally Posted by the 'stache

This thread makes my head hurt.

Yeah, but if you pop an aspirin and there's a glass shard in the bottle...it's your fault for not having closely inspected the contents of the bottle