Partially ripping a card opening the mail

[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.

[Stonepony]

Originally Posted by Mdmtx

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.

I do agree Mark , that the attorney's fees would be extraordinary, irregardless of the complexity or the validity of the case. Please refer yourself to the lawyer joke of your choice over on the watercooler side.