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#11
11-01-2005, 01:43 AM
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T206 w/ no red ink ends early on eBay. GRRR!
Posted By: Nick
but they are part of the seller's contract with eBay. Ending an auction early to sell to someone (even the current highest bidder) at other than the highest bid price is a breach by the seller of his contract with eBay - and deprives eBay of its expectancy of final value fees. The buyer, in that case, is himself inducing a breach of contract and committing a potentially tortious action against eBay. Most, if not all, states have an equitable principle of law that no one shall benefit from his own wrong - in California it's even codified in the "Maxims of Jurisprudence" part of the Civil Code - meaning that there is a very strong chance a court would refuse to recognize any claim for damages by a buyer or seller in such a situation. 
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