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<p>[QUOTE="satootoko, post: 127408, member: 669"]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: </p><p><br /></p><p>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. <img src="styles/default/xenforo/clear.png" class="mceSmilieSprite mceSmilie11" alt=":rolleyes:" unselectable="on" unselectable="on" /> </p><p><br /></p><p>In an American court, your recoverable court costs would <b>not</b> 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. <img src="http://boards.collectors-society.com/images//graemlins/confused-smiley-013.gif" class="bbCodeImage wysiwygImage" alt="" unselectable="on" /></p><p><br /></p><p>(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.) <img src="styles/default/xenforo/clear.png" class="mceSmilieSprite mceSmilie6" alt=":cool:" unselectable="on" unselectable="on" /></p><p><br /></p><p>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.) <img src="styles/default/xenforo/clear.png" class="mceSmilieSprite mceSmilie3" alt=":(" unselectable="on" unselectable="on" /> </p><p><br /></p><p>For my own protection in our increasingly litigious society, please note that the foregoing legal opinion is <ul> <li>Somewhat oversimplified</li> <li>Rendered without compensation as general information only</li> <li>Not intended as legal advice in any jurisdiction where I am not licensed to practice law</li> <li>ABSOLUTELY NOT to be relied upon as a basis for incurring any expense whatsoever. <img src="styles/default/xenforo/clear.png" class="mceSmilieSprite mceSmilie8" alt=":D" unselectable="on" unselectable="on" /><img src="styles/default/xenforo/clear.png" class="mceSmilieSprite mceSmilie8" alt=":D" unselectable="on" unselectable="on" /><img src="styles/default/xenforo/clear.png" class="mceSmilieSprite mceSmilie8" alt=":D" unselectable="on" unselectable="on" /></li> </ul><p>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.<img src="http://64.91.226.227/images/emoticons/headslap.gif" class="bbCodeImage wysiwygImage" alt="" unselectable="on" />[/QUOTE]</p><p><br /></p>
[QUOTE="satootoko, post: 127408, member: 669"]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. :rolleyes: In an American court, your recoverable court costs would [b]not[/b] 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. [img]http://boards.collectors-society.com/images//graemlins/confused-smiley-013.gif[/img] (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.) :cool: 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 [list]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. :D:D:D[/list]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.[img]http://64.91.226.227/images/emoticons/headslap.gif[/img][/QUOTE]
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