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The Chip Board Archive 18

ok here's my rebuttal argument grin ...

In a couple of your posts, you've basically indicated that explicit language must be present within the eBay auction text in order for the responsibility of the delivery of goods to be transferred from the seller to the buyer because of the UCC.

Thanks for providing the link to a copy of the UCC. I have read that and have found an interesting clause in the UCC that I feel shoots a hole in your argument.

Of particular interest is § 1-302. Variation by Agreement.; subsection (a) which is quoted below:

    (a) Except as otherwise provided in subsection (b) or elsewhere in [the Uniform Commercial Code], the effect of provisions of [the Uniform Commercial Code] may be varied by agreement.

The word "agreement" is hot-linked to it's UCC definition which is quoted below:

    "Agreement", as distinguished from "contract", means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303.

And in case there is a question regarding the UCC's definition of contract, I've quote that below:

    "Contract", as distinguished from "agreement", means the total legal obligation that results from the parties' agreement as determined by [the Uniform Commercial Code] as supplemented by any other applicable laws.

I've highlighted the passage of text in blue that was of interest to me. It indicates that variation by agreement can be obtained for the transaction by inferred circumstances. As a result, I do not believe explicit language has to be present in order for the transfer of that said responsibility from the seller to the buyer. It is my opinion that whenever the cost of insurance is taken out of the core shipping-and-handling charges and offered to the buyer as an optional component of the transaction, that infers a change in responsibility for the safe delivery of the goods in question from the seller to the buyer.

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

Copyright 2022 David Spragg