B/S/T Etiquette

[Peter_Spaeth]

I continue to be truly baffled by people who read through long threads that don't interest them, and then complain.

[gregndodgers]

Originally Posted by OhioLawyerF5

Seller is free to sell to whomever they want. Listing a card for sale is an invitation to field offers. There is no priority for making the first offer. They are free to pass and sell to the next offer. Buyers are not entitled to, nor should they have any right to buy a seller's card. As long as the seller is not rude about it, it is perfectly fine to say, "Sorry, but someone else had a better offer." Until a seller accepts your offer, you have no more right to the card as anyone else.

Question: who agrees with these statements...Besides Ohio and Peter of course?

Under those rules, which is not the law of contracts given the circumstances, there is too much uncertainty. The law is about certainty in the marketplace not ambiguity.

[Peter_Spaeth]

If I see a card with a sticker price on a dealer's table at a card show and say I'll take it, do I have a binding contract?

If a dealer sends me a price list for wax boxes and I call up and say I'll take 3, do I have a binding contract?

If I see a sweater with a price tag in a shop window and I walk in and say I'll take it, do I have a binding contract?

If I see a list of coins for sale on a website (with prices) and I call up and say I'll take your 1943 steel penny, do I have a binding contract?

If I take a cereal box with a sticker price off the shelf in the grocery store and bring it to the check out counter, do I have a binding contract?

[BobbyStrawberry]

Has anyone ever sued someone for offering a card for sale and then not selling it to the person who claimed it?

[gabrinus]

*

[gregndodgers]

Originally Posted by Peter_Spaeth

If I see a card with a sticker price on a dealer's table at a card show and say I'll take it, do I have a binding contract?

If a dealer sends me a price list for wax boxes and I call up and say I'll take 3, do I have a binding contract?

If I see a sweater with a price tag in a shop window and I walk in and say I'll take it, do I have a binding contract?

If I see a list of coins for sale on a website and I call up and say I'll take your 1943 steel penny, do I have a binding contract?

Peter, your examples do not match the circumstances present here. The seller did not simply provide a price. He provided sufficient other terms such that he manifested an intent to sell to anyone who wanted to accept.

[gregndodgers]

Originally Posted by OhioLawyerF5

The buyer always makes the offer in contract law. The seller always accepts.

Here is another legal statement that is so far off base it's actually funny. In reality (and in the law) the seller (or buyer) can make an offer or accept an offer. It depends on the circumstances.

[OhioLawyerF5]

Originally Posted by gregndodgers

Here is another legal statement that is so far off base it's actually funny. In reality (and in the law) the seller (or buyer) can make an offer or accept an offer. It depends on the circumstances.

LOL, yeah, when you take statements out of context you can draw strange conclusions. However, I made it quite clear that I was talking about this circumstance (an ad on a message board), and I qualified it by stating that the only way that changes is if there is a clear statement of intent to be bound.

Keep cherry picking statements, and ignore the fact that your assertions of the law are dead wrong.

[OhioLawyerF5]

Originally Posted by gregndodgers

Peter, your examples do not match the circumstances present here. The seller did not simply provide a price. He provided sufficient other terms such that he manifested an intent to sell to anyone who wanted to accept.

What were those terms sufficient to manifest an intent to sell to anyone who would accept?

You keep saying that, but they have never been posted here. And the legal standard is a "clear statement of intend to be bound," not sufficient terms.

[Peter_Spaeth]

Originally Posted by OhioLawyerF5

What were those terms sufficient to manifest an intent to sell to anyone who would accept?

You keep saying that, but they have never been posted here. And the legal standard is a "clear statement of intend to be bound," not sufficient terms.

All he did was list prices and say he took Paypal and Venmo. No different than a store showing Visa and Mastercard logos or whatever the right word is. That doesn't change anything. IF that's a binding offer then so too are the ones in my examples -- but we know those are not.

[Peter_Spaeth]

I find endless discussions of T206 backs and combinations stifling and boring, so I don't read them. How hard is that?

[OhioLawyerF5]

Originally Posted by gregndodgers

Question: who agrees with these statements...Besides Ohio and Peter of course?

Under those rules, which is not the law of contracts given the circumstances, there is too much uncertainty. The law is about certainty in the marketplace not ambiguity.

Unless there is a clear statement of intent to be bound, the law also agrees with Peter and I on that statement.

It's weird that you keep chiming in to make conclusory statements about the law, but never address the mountain of case law contradicting your conclusions.

[Musashi]

Originally Posted by Peter_Spaeth

I continue to be truly baffled by people who read through long threads that don't interest them, and then complain.

The complaint in this case (at least on my part) is that I have to read through a long thread of tangentially related law office water cooler talk to see if there's any new information about the original topic, which is what I came to the thread looking for.

[nolemmings]

Originally Posted by Musashi

The complaint in this case (at least on my part) is that I have to read through a long thread of tangentially related law office water cooler talk to see if there's any new information about the original topic, which is what I came to the thread looking for.

Well said.