Thread: Should I pay this guy on eBay?

Originally Posted by medoraman

Well, depending on the jurisdiction and offense, it could be either. Capital crimes and the like all have the right to a jury trial, but it can always be waived. You never have the right to waive a judge trial and demand a jury if the statute does not provide for it.

Man, is it me or has this thread taken a dark turn today?

I wasn't disputing that a defendant has the right to waive a trial by jury and opt for a bench trial, only stating that in murder cases it is exceedingly rare. Hence the reason why I said "forget that judges don't don't determine guilt, juries do." But the guy who is actually a court reporter claiming to be a lawyer shows up to nitpick one of my posts, as usual.

Originally Posted by Lehigh96

I wasn't disputing that a defendant has the right to waive a trial by jury and opt for a bench trial, only stating that in murder cases it is exceedingly rare. Hence the reason why I said "forget that judges don't don't determine guilt, juries do." But the guy who is actually a court reporter claiming to be a lawyer shows up to nitpick one of my posts, as usual.

I know man, I was responding to him actually. Our responses cross posted.

Originally Posted by Lehigh96

Sleepwalking has been a successful defense for murder in the past.

Most U. S. laws don't adhere themselves to naturalness of the species; therefore, what can one expect? (Use "sleepwalking" while you're in front of a tribal jurisdiction with most laws inclined towards naturalness, and let's see how well you perform.)

Originally Posted by onecoinpony

Judges many times determine guilt.

You are correct.

Originally Posted by onecoinpony

Stick to playing cards, it fits you on so many levels.

Win a few arguments on a forum, and now you all reign highlands? Lehigh96 has appropriately unmasked some sepoys around here.

One thing that you guys seem to be missing is this is an issue of contract law...and nothing else. If someone enters into a contract when they are not in control of their facilities...is the contract valid? That is the issue here, it is nothing like drunk driving and the driver being liable for the damages.

Originally Posted by Lehigh96

BTW, the judge absolutely would not throw the book at you. Forget the fact that judges don't determine guilt, juries do. Sleepwalking has been a successful defense for murder in the past.

Judges are idiots, tossers who swan around in ponsy (girlie) robes who think they're some kind of god - but they are not!! They ought to be elected and voted out of office if incompetent. In most cases, judges are simply failed lawyers.

Originally Posted by buddy16cat

I think that maybe you are doing him a favor by blocking his bids if you are not going to maintain a certain level of customer service and understand stuff happens.

Maybe that is not much of a sellers "responsibility". Maybe a seller has kids of their own to babysit. Maybe a seller takes into consideration that a person, bidding on that much is responsible enough to take appropriate actions before taking any sort of medications/drugs. Maybe a seller (like me) don't want to deal with people who don't want to honor a bid as some of us think it is a WASTE of time and some of us don't have much of it.

Maybe he should just man-up to his doing and just pay up and learn from it!

Originally Posted by tonedcoins

Maybe that is not much of a sellers "responsibility". Maybe a seller has kids of their own to babysit. Maybe a seller takes into consideration that a person, bidding on that much is responsible enough to take appropriate actions before taking any sort of medications/drugs. Maybe a seller (like me) don't want to deal with people who don't want to honor a bid as some of us think it is a WASTE of time and some of us don't have much of it.

Maybe he should just man-up to his doing and just pay up and learn from it!

He did sir, I reference his post where he did so on the previous page, (#96 I believe).

Originally Posted by tonedcoins

Maybe a seller (like me) don't want to deal with people who don't want to honor a bid as some of us think it is a WASTE of time and some of us don't have much of it.

This is what is wrong with many sellers. They are completely unwilling to deal with people. eBay has made that very easy...you don't have to look in someone's eyes. Sometimes, life happens and as a result things don't work out as planned. Just because a bid is placed, doesn't mean that on occasion circumstances might change resulting in the buyer not being able to complete the purchase. It is not a WASTE of time to deal with these rare instances and certainly not a bad business move either. It is because of closed minded sellers with policies like this that eBay the problem that it is.

Originally Posted by TheCoinGeezer

OK, he (allegedly) paid. Since when should people be commended for doing the ethical thing? That's what a person is SUPPOSED to do!
The fact that he admittedly weaseled out of the two other auctions he won and felt the need to get opinions on what to do indicates to me that he is on shaky ground, ethics-wise.

Should he be commeneded for doing the right thing? No, but he does deserve some respect. At least in the end he was willing to man up and do the right thing.

Originally Posted by CamaroDMD

However, this is nothing like a drunk driver damaging property or killing someone. This is more of an issue of contract law...

While this may be nothing like a drunk killing someone in its level of severity, they are similar in the fact that both take some level of personal responsibility.

Originally Posted by CamaroDMD

This is what is wrong with many sellers. They are completely unwilling to deal with people. eBay has made that very easy...you don't have to look in someone's eyes. Sometimes, life happens and as a result things don't work out as planned. Just because a bid is placed, doesn't mean that on occasion circumstances might change resulting in the buyer not being able to complete the purchase. It is not a WASTE of time to deal with these rare instances and certainly not a bad business move either. It is because of closed minded sellers with policies like this that eBay the problem that it is.

Could it be that ebay has caused some sellers to become closed minded? I believe it more likely that a one-sided ebay policy overly coddling to buyers has put many sellers on the defensive. If "on occasion" or in "rare instances" I doubt this would be much of an issue, but the fact that it sometimes happens over and over can understandably make for a cynical seller.

Originally Posted by Lehigh96

Not in murder trials they don't, troll

Actually, yes they do.

Originally Posted by CamaroDMD

One thing that you guys seem to be missing is this is an issue of contract law...and nothing else. If someone enters into a contract when they are not in control of their facilities...is the contract valid? That is the issue here, it is nothing like drunk driving and the driver being liable for the damages.

Actually, certain drugs that have a profound effect on the user's judgement would nullify any contract they entered into because their judgement is impaired.

However, the user is warned by the prescriber of said drugs to NOT enter into, or sign, any legally binding contracts while under the influence of the drug.

JB did the correct thing by making the seller whole; however, as I suggested in my first post to this thread, if he has a wife, she should hide the mouse and routers so he can't have this occur again in the future.

Originally Posted by dsmith23

You're going to blackmail the seller with negative feedback if he dosen't cancel the bid?? Are you serious? Why should the seller get a negative, he sold the item, he did his job, its the bidder thats not doing their job. Thats just ridiculous

I don't see it as blackmail: There are mitigating circumstances which in my view would stand up in a court of law. The seller should be reasonable. Accidents happen!

Originally Posted by Anthorn

I don't see it as blackmail: There are mitigating circumstances which in my view would stand up in a court of law. The seller should be reasonable. Accidents happen!

Actually, threatening to neg a seller if they don't cancel the bid is considered blackmail.

While I agree JB does have mitigating circumstances, he also has an obligation to prevent something like this from happening.

I'm not expecting anyone to respect my actions on what should have been done in the first place and I'm certainly not looking for anyone to feel sorry for me. I respect the wisdom of even some of my harshest critics and acknoledge my wrong doing. With that being said I plan on giving the note away in some sort of contest.