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<p>[QUOTE="Troodon, post: 341758, member: 4626"]The Denny's example is a perfect example that just because you put up a sign or put a term in the contract, it doesn't automatically give it the force of law. Hardly extreme. Want a more extreme example, see if you can sue a hitman for not killing the person you paid them to kill under "breach of contract." The fact that the conduct procsribed in the contract is itself illegal nullifies the legal force of the contract. Actually, that's not so extreme, as that's exactly the case here... the fact that the conduct is illegal (fraud) invalities any argument that the contract is in any way legally binding. The fact that both parties signed a contract does not protect one party from the consequences of comitting a crime, in this case fraud.</p><p><br /></p><p>I doubt it would take much of an expert to be able to compare a given coin with the description and determine whether or not it is as described, based on objective measures. If the difference is subjective and thus arguable on the basis of opinion, I'd side with the seller, but if the difference is objectively and factually apparent, I'd say that the seller comitted a fraud and would side with the buyer (even if the seller made an honest mistake I would still side with the buyer, as the buyer shouldn't be forced to pay for someone else's mistake.). I could guarantee you any court would do the same.</p><p><br /></p><p>If you go to a clothing store and ask for a black suit, pay for it, take it home and open the box, and see you got a blue suit instead... would you believe the seller is entitled to a restocking fee for the <i>seller's</i> error? I hope you don't. Even more so if the seller intentionally provided something other than what was paid for (in legal terms, that would be called <i>fraud</i>!). If it's just a difference of opinion or a case of the buyer changing his mind, then fine... but no contract protects a seller who makes a mistake or commits fraud... no contract with illegal terms is legally valid, by definition.[/QUOTE]</p><p><br /></p>
[QUOTE="Troodon, post: 341758, member: 4626"]The Denny's example is a perfect example that just because you put up a sign or put a term in the contract, it doesn't automatically give it the force of law. Hardly extreme. Want a more extreme example, see if you can sue a hitman for not killing the person you paid them to kill under "breach of contract." The fact that the conduct procsribed in the contract is itself illegal nullifies the legal force of the contract. Actually, that's not so extreme, as that's exactly the case here... the fact that the conduct is illegal (fraud) invalities any argument that the contract is in any way legally binding. The fact that both parties signed a contract does not protect one party from the consequences of comitting a crime, in this case fraud. I doubt it would take much of an expert to be able to compare a given coin with the description and determine whether or not it is as described, based on objective measures. If the difference is subjective and thus arguable on the basis of opinion, I'd side with the seller, but if the difference is objectively and factually apparent, I'd say that the seller comitted a fraud and would side with the buyer (even if the seller made an honest mistake I would still side with the buyer, as the buyer shouldn't be forced to pay for someone else's mistake.). I could guarantee you any court would do the same. If you go to a clothing store and ask for a black suit, pay for it, take it home and open the box, and see you got a blue suit instead... would you believe the seller is entitled to a restocking fee for the [I]seller's[/I] error? I hope you don't. Even more so if the seller intentionally provided something other than what was paid for (in legal terms, that would be called [I]fraud[/I]!). If it's just a difference of opinion or a case of the buyer changing his mind, then fine... but no contract protects a seller who makes a mistake or commits fraud... no contract with illegal terms is legally valid, by definition.[/QUOTE]
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Paypal reversal for sellers restocking fee
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