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SEGS NOT HONORING GUARANTEE
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<p>[QUOTE="Andrew5, post: 2441417, member: 74569"]If Larry bought SEGS from someone else ( I don't know the history of the company) then he doesn't necessarily inherit their contingent liabilities. He would inherit certain warranties - but that's not the same as a guarantee. In fact, I'd argue, if I were Larrys attorney, that these types of guarantees are "mere puffery" which is considered a term of art. Nobody really expects a windfall to be paid in these situations. And, let's be honest, there have been several very credible and plausible scenarios raised on this thread as to how one might calculate damages anyway. This would require a judge or jury (depending on the jurisdiction) to make a finding of fact. </p><p><br /></p><p>If Larry changed from a C Corp to an LLC then even though he's personally shielded from liability the corporation can be sued. But lawsuits are expensive and its in neither parties interest in this case to go to court (what?? A lawyer saying don't sue? Did hell just freeze over?? Did the cubs just win the World Series??). Larry should settle because he graded th original coin. Olly should accept a reasonable settlement because we all know coin grading is highly subjective and its just bad karma to hold people to what is, essentially, an ephemeral, standard. </p><p><br /></p><p>You may commence with the lawyer jokes[/QUOTE]</p><p><br /></p>
[QUOTE="Andrew5, post: 2441417, member: 74569"]If Larry bought SEGS from someone else ( I don't know the history of the company) then he doesn't necessarily inherit their contingent liabilities. He would inherit certain warranties - but that's not the same as a guarantee. In fact, I'd argue, if I were Larrys attorney, that these types of guarantees are "mere puffery" which is considered a term of art. Nobody really expects a windfall to be paid in these situations. And, let's be honest, there have been several very credible and plausible scenarios raised on this thread as to how one might calculate damages anyway. This would require a judge or jury (depending on the jurisdiction) to make a finding of fact. If Larry changed from a C Corp to an LLC then even though he's personally shielded from liability the corporation can be sued. But lawsuits are expensive and its in neither parties interest in this case to go to court (what?? A lawyer saying don't sue? Did hell just freeze over?? Did the cubs just win the World Series??). Larry should settle because he graded th original coin. Olly should accept a reasonable settlement because we all know coin grading is highly subjective and its just bad karma to hold people to what is, essentially, an ephemeral, standard. You may commence with the lawyer jokes[/QUOTE]
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