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What about if a card sold buy it now for say 2750, and the seller cancelled, and relisted the same card and it sold at 11,000? I'd say damages would be specific in this instance. Would it constitute unfair and manipulative practices and possibly award treble damages?
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Very unlikely. Perhaps if you could show a pattern of this kind of activity or some sinister set of facts, and maybe if the state where the action was filed was very consumer friendly. These would not be available in the common law and instead would have to be found in statute.
Please keep in mind that in general, contracts are made to be broken, It happens everyday--somebody discovers they could get a better deal elsewhere or has a change of heart for other reasons. This may have moral implications, i.e., " a man is no better than his word", but contract law contemplates that there will be breaches and the issue then becomes what is an appropriate compensatory remedy. There is a general recognition that commerce would be unduly hamstrung if parties to typical business transactions could be subject to additional claims for treble or other exemplary/punitive damages; thus there is a reticence to allow those kinds of damages.
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02-22-2018, 11:56 AM
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