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Paypal reversal for sellers restocking fee
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<p>[QUOTE="Troodon, post: 341812, member: 4626"]Is Armen Vartian a lawyer who specializes in contract law, a judge, or a legislator who writes contract law? My main source for that assertion is talking to a few law students who tell me that in their contract law classes that's about the first thing they teach you. Of course when actually tried in a courtroom it doesn't always work out that way... what the law means is largely open to interpretation, and it depends more on what side presents the most convincing argument that it does on whose side the law is on... but it still remains a basic principle that a contract is only binding so long as <i>all</i> parties abide by it... as soon as one party fails to do so, no other party is obligated to do so either. If any lawyer, judge, legislator, or other such recognized expert disagrees, and can cite a law or case history that reinforces their belief, I'd be happy to hear it.</p><p><br /></p><p>In this specific example:</p><p><br /></p><p><br /></p><p><br /></p><p>I think you could make a good case that if the seller sent you something other than described, the contract could be set aside by reasons of misrepresentation, if it could be shown by a provable measure (not just a matter of opinion) that what the seller promised is <i>not</i> what the seller provided.[/QUOTE]</p><p><br /></p>
[QUOTE="Troodon, post: 341812, member: 4626"]Is Armen Vartian a lawyer who specializes in contract law, a judge, or a legislator who writes contract law? My main source for that assertion is talking to a few law students who tell me that in their contract law classes that's about the first thing they teach you. Of course when actually tried in a courtroom it doesn't always work out that way... what the law means is largely open to interpretation, and it depends more on what side presents the most convincing argument that it does on whose side the law is on... but it still remains a basic principle that a contract is only binding so long as [I]all[/I] parties abide by it... as soon as one party fails to do so, no other party is obligated to do so either. If any lawyer, judge, legislator, or other such recognized expert disagrees, and can cite a law or case history that reinforces their belief, I'd be happy to hear it. In this specific example: I think you could make a good case that if the seller sent you something other than described, the contract could be set aside by reasons of misrepresentation, if it could be shown by a provable measure (not just a matter of opinion) that what the seller promised is [I]not[/I] what the seller provided.[/QUOTE]
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