Posted by John T on December 09, 2010 at 06:48:30 from (66.244.97.31):
In Reply to: Paging John T posted by JoeBob-IN on December 09, 2010 at 05:03:34:
Joe Bob, heres the deal, I can make a pretty good legal argument you should prevail because while "mutual mistake" can be grounds for setting a contract aside, a unilateral (them only) mistake generally isnt BUT SUBJECT TO ALL SORTS OF EXCEPTIONS such as undue hardship, whether you have "clean hands",,, if you acted in good faith,,,your experience and arms length bargaining ,,,,,,,,past purchases record,,,,, blah blah blah blah it takes a book to cover the "exceptions"
Formation of a legally enforceable contract requires (among other things) an OFFER (they offered to sell for x$) on their part,,,,,,,,a comunicated ACCEPTANCE on your part (sure I'll take it),,,,,,a Tender of performance (you send the money),,,,,, NOTE THIS IS NOT COMPLETE OR EXACT I CANT COVER A WHOLE SEMESTER OF CONTRACT LAW HERE.
THEN if all the above is satisfied, theres a whole can of legal worms regarding damages and what relief youre seeking, you want "the benefit of the bargain" i.e. you made the deal, I acted in good faith, now honor the contract and ship the good for the price YOU OFFERED AT WHICH I ACCEPTED BY TENDERING PERFORMANCE (i.e. I sent the money but now you breached the contract)
NOTE as a lawyer I can make all sorts of good arguuments why they should prevail BUT ITS THE COURT WHO DECIDES NO ONE HERE. That being said, I think you have a good case based strictly on Common Law Offer and Acceptance and that it was their Unilateral mistake through no fault of your own. (again another lawyer can argue just the opposite and sound as good or better, thats our job n how we were trained)
MAJOR CAVEAT My arguments are based more on common law but there may well be statutes to protect the seller in these cases and especially in cyber space (it would take research of local and interstate sales law to provide you with any worthwhile opinion) THATS WHAY I ALWAYS ADVICE PEOPLE TO CONSULT LOCAL PROFESSIONAL COUNSEL VERSUS THINGS SAID HERE BY LAY PERSONS OR EVEN TRAINED PROFESSIONALS.
BOTTOM LINE "PRACTICAL AND ECONOMIC ANSWER"
As youre aware, theres likely no way you can justify all the legal expense to offset your losses unless theres a statute by which the loser has to pay your legal fees which I realy really doubt exists (but I havent researched it)
Youre kind of left with laying a little gently threatening Offer and Acceptance and Unilateral Mistake language on them and kickin n screamin in hopes they dont want the bad publicity to such an extent they make a decision its betetr for them n cheaper to just let you have it at that price to get rid of you. The squeaking wheel gets the grease. In similar situations Ive had some success when I write letters on my legal letterhead but thy can also get tossed in the trash. They have attorneys onboard who can chew me up n spit me out lol
Sorry I cant give you the answer youre lookin for, but maybe the above provides some insight, Id still raise all holy H and hope they decide its easier n cheaper and avoid bad PR if they just honor the deal BECAUSE THERES LIKELY NO WAY TO FIGHT THIS AND COME OUT FINANCIALLY AHEAD WIN OR LOOSE GRRRRRRRRRRRRRRR
This is an unresearched and worthless (same as you paid lol) opinion so dont make any major decision based on it
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