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The Chip Board Archive 18

Why is it so hard to understand the risk of loss?

In number 3, you say, and I have seen a number of people write this opinion before:

When I've been given the opportunity to decline insurance and have chosen to do that, I know in my heart of hearts that I am taking responsibility for the item if it gets lost because I was wanting to save a couple dollars.

This is, quite simply, wrong. The law is straightforward and simple. The seller bears the burden of loss until delivery. Insurance or no, the rule does not change. Can the rule be changed? Yes, but it takes an explicit agreement between the parties. The auction would have to say something like, "If the buyer/winner bidder declines to pay for insurance, the seller will not be responsible for any loss or damage that occurs during delivery." Or to state that the buyer will bear all of the risk of loss, or something similar. I have not looked at the actualy auction, so I do not know if Josh states that. Since no one has suggested he does, he is out of luck. All of the rest of the discussion, is, to put it bluntly, irrelevant. The chips did not arrive. The seller must reimburse the buyer 100% (not part as he suggests) of the loss, or replace the goods with goods of equal condition, value, etc.

It is really very simple. Check out the UCC.

Michael Siskin

Messages In This Thread

Courtesy and professionalism...a question
hit 'em with the negative.
Here are his negs...see any similarities?
This is a member?....WOW!!!
With all those negs ...
Re: With all those negs ...I was warned
WOW! Less than 30 seconds after my post...
Something positive from another member
Rick, can you post his ebay name?
email me and I will give it to you
Rick Can I have money too? LOL....
Holy Hot Controversy Batman
Isn't there a 30 time limit on feedback?
Re: Isn't there a 30 time limit on feedback?
Yes. I meant 30 day time limit.
Re: Yes. I meant 30 day time limit.
Re: Yes. I meant 30 day time limit.
What a load of crap!
Rick Is 100% Correct
I'll bet you 100 chips that the USPS will tell any
Wrong
Let's hope it doesn't get to "a court of law" grin
Rick, I think you are way out of line.
David with all due respect...
"you are not privy to the emails"
Well David...since you ask...
A poor attitude from you also.
I disagree with you, David
Opinion noted, and I will add......
Re: A poor attitude from you also.
OK, lets be realistic for a minute.
Re: OK, lets be realistic for a minute.
Aye Carumba.....David,David,
Re: Aye Carumba.....David,David,
I was told that I could NOT insure To Canada
Priority mail to Canada is insured
Re: What a load of crap!
Wow.....
Josh.........
Re: Yes. I meant 30 day time limit.
Re: Courtesy and professionalism...a question
Re: Here is my thinking
Re: Courtesy and professionalism...a question
Re: Courtesy and professionalism...a question
Send it to Vegas!
Re: Send it to Vegas!
Here is what to do.......
But who knows.......
Question for Rick
My take on "Insurance"
Re: Question for Rick
Raises a question though........
Re: Raises a question though........
At the end of the day though,
Re: Courtesy and professionalism...a question
Re: Courtesy and professionalism...a question
Am I the only person who noticed this...?
Good Point
HOLD ON GUYS.....
Re: Am I the only person who noticed this...?
Re: Am I the only person who noticed this...?
Code of Ethics?
Re: Code of Ethics?
I agree ......
I don't want to go that route
Re: I agree ......
We Have Been Over This Before and
Just a suggestion
Everyone has an opinion, so do I
I would never ship anything of value w/o insurance
So, Rick... Care to tell the class what you've ..
I learned this:
Rick you sure have a lot of bad luck!
Since you asked for opinions, here's mine...
Why is it so hard to understand the risk of loss?
Maybe you can sleep at night with that...
I N S U R A N C E
Show me a link to the auction...
I haven't read the auction description ...
Under insurance, it says, "none"
INSURANCE WAS NOT OFFERED!
THEN WHY DID SPRAGG SAY IT WAS; AND YOU REFUSED IT
No idea and because this has gone on for far too l
Lets end this discussion..this is getting silly
Don't be a liar Rick
Re: Don't be a liar Rick
Yawn.............
Re: I N S U R A N C E
Re: Maybe you can sleep at night with that...
Oops. I didn't mean for my post...
You are a fine, upstanding guy, Brian
Re: Wherer is the basic rule of law..
It's part of the Uniform Commercial Code
Re: It's part of the Uniform Commercial Code
Re: It's part of the Uniform Commercial Code
Re: It's part of the Uniform Commercial Code
Yes...
Re: Yes...
Re: Yes...
Re: litigated to death long ago
Find a case that shows that I'm wrong
Here's the "UCC" From Cornell Univ Law School site
See Part 3: § 2-301 General Obligations of Parties
It's UCC section 2-509
ok here's my rebuttal argument grin ...
Nice try vbg
Re: Nice try vbg
In this case, Gene, you are wrong
Re:Sorry I pitched the fork grin
Wait, Aaron Should Be Around Soon vbg
Not that soon I wouldn't think
Who needs Aaron, anyway? We have Gene to interpret
Re: you are wrong Maybe Not!!!
ok, now you have me
Thanks, Michael.
One final point
PLease
Rich, you have holes in your example...
Re: Rich, you have holes in your example...
I guess we can agree to disagree...
Re: I guess we can agree to disagree...
arrrg!!!
I'm done.
Also I wanted to say thanks for the debate...
Here's a better example:
I don't buy this argument..
Re: I don't buy this argument..
Re: I don't buy this argument..
Re: I don't buy this argument..
Re: I don't buy this argument..
Mailing receipt ..
Excellent point, Michael (about no insurance).
You are 100% correct , Barry
I don't agree .......................
Yes, as I noted elsewhere ...
Good grief John....
"Good grief.."? Josh shows us he offered insurance
OK HERE'S MY 2 CENTS ON THIS SUBJECT!!!!!!!!
Hmmmm...guess this isn't going away
Geez... I looked at your auction and don't see....
Re: Courtesy and professionalism...a question

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