I have a legal question pertaining to grading companies: How can they guarantee a turnaround time, and then charge you for that service, if they fail to provide it?
First, read every single bit of the fine print in their guarantee. I predict that you will find some loopholes big enough to drive a Hummer through. :whistle: If you still think they have breached their warranty, consider the costs and expenses you would incur in trying to sue them versus your maximum recovery. In just about any American or English court, the damages for breach of contract are "benefit of the bargain", so your maximum recovery would be the difference between what you paid, and what you would have been charged for the service you actually received. In an American court, your recoverable court costs would not include your attorney fees. I don't know whether the English rule that the loser has to bear the winner's legal fees has changed in the the 30 years or so since I last worked with British counsel on a contract dispute litigated in Liverpool. (If you're lucky enough to live in the same community as the TPG's headquarters, you might be able to go to Small Claims Court, and avoid incurring attorney fees.) The one exception to the "benefit of the bargain" rule is fraud. If you can prove, by clear and convincing evidence (which is a higher standard than the general preponderance of the evidence test in civil matters) that you entered the contract in reasonable reliance on intentionally false and misleading representations, in many jurisdictions you can obtain exemplary damages. Of course the US Supreme Court has held relatively recently that as a matter of US Constitutional law, such damages must bear a direct relationship to the amount of actual damage, so it's still not an economically justified venture (unless you can qualify as lead plaintiff for a class of a significant number of identically situated people whose claims differ exclusively in the amount of damage incurred.) For my own protection in our increasingly litigious society, please note that the foregoing legal opinion is Somewhat oversimplified Rendered without compensation as general information only Not intended as legal advice in any jurisdiction where I am not licensed to practice law ABSOLUTELY NOT to be relied upon as a basis for incurring any expense whatsoever. BTW I'm sure you realize that if you come to Newport Beach, CA to sue PCGS in the Harbor Superior Court Small Claims Division, and your trial is set for a date I am serving as volunteer Judge Pro Tem, I'll have to disqualify myself.
Lol, I'd never sue PCGS! They are my employer starting in June (and not the company I am upset with, that company would be ANACS who has double charged my fiance for her submission, lied about the coins being shipped, lied about grades being available, failed to provide email service, haven't responded to two emails, have had coins in their possession for 26 days, despite it being 5 day service etc.) : ) I was simply wondering if when TPG's charge and don't meet their guarantee if it was legal. That's awesome that you are serving as a judge! My fiance hopes to be a judge someday.
Roy,I didn't know that you are a judge.I know that the American system works on a modification of English common law,despite its federal nature.I still retain a very strong interest in constitutional matters,even though the Governor-General of New Zealand I served under (Sir Michael Hardie Boys) retired along with me. Aidan.
Well Zane, if it makes you feel better, ANACS swore to me on a stack of Bibles that I'd have my coin back by last Friday and I still haven't received it.
I'm sorry to hear that : ( Let's hope we get our coins back soon, although they have a show from the 25th-29th, so that could delay them quite a bit.
Have her call her CC company & dispute the charges. There is an obvious failure to preform the service they were contracted to do. One might even understand that they may be having trouble meeting deadlines, but then they certainly shouldn't be charging her or should be making up for it in some way.
