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cali137

Junior Member
What is the name of your state? California

I answered an ad on Craigslist, that the owner was giving away a bed. I answered the ad and made arrangements to pick up the bed a week later. After I left the home I gto a call making sure I wanted the bed because someone else had expressed interested, I confirmed that I did want it and would be there to pick it up .
24 hours before I came to pick it up I was called and asked to wait afew days, so I cancelled plans to pick it up.
Another week goes by no exchange of phone calls or emails. I eamiled the couple expressing that I want to get the bed and they were inconconvienceing me. I will also say that there have been several reason why I could not get the bed.
Well. now they say they are going out of town and have decided to not give me the bed and will place it in storage.
My question is can a person agree to give something away and then decide to take it back.What is the name of your state?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? California

I answered an ad on Craigslist, that the owner was giving away a bed. I answered the ad and made arrangements to pick up the bed a week later. After I left the home I gto a call making sure I wanted the bed because someone else had expressed interested, I confirmed that I did want it and would be there to pick it up .
24 hours before I came to pick it up I was called and asked to wait afew days, so I cancelled plans to pick it up.
Another week goes by no exchange of phone calls or emails. I eamiled the couple expressing that I want to get the bed and they were inconconvienceing me. I will also say that there have been several reason why I could not get the bed.
Well. now they say they are going out of town and have decided to not give me the bed and will place it in storage.
My question is can a person agree to give something away and then decide to take it back.What is the name of your state?
Um, yeah - they don't have to give it to you.
 

Some Random Guy

Senior Member
Please explain your monetary damages for not being given something for free. Monetary does not include invonvenience, annoyance, not having a free bed or lost time.

Sue them in small claims court for those monetary damages.
 

You Are Guilty

Senior Member
Please explain your monetary damages for not being given something for free. Monetary does not include invonvenience, annoyance, not having a free bed or lost time.

Sue them in small claims court for those monetary damages.
Damages? You're skipping to the end. Please show me where there was a binding contract first :p
 

tranquility

Senior Member
Damages? You're skipping to the end. Please show me where there was a binding contract first
Well, couldn't we skip to the end a little? While there is *probably* not a contract, isn't there a little flavor of quasi-contract here?

OP has a promise which he reasonably relied on to his detriment.

As to the "probably" portion regarding an actual contract, we're assuming there was not consideration. If we were to try to find consideration couldn't we? I mean, the OP did promise to pick up the bed. The person who put the ad on Craigslist didn't want the mattress any longer and I think a person coming out with a truck to pick it up could very well be consideration. (Or, the promise to come pick up the bed.)

Info edit:
I just re-read the OPs post and see he has not suffered a detriment. I took the damages portion of SRGs post as a fact. If there was no monetary detriment, there would be no quasi-contractual remedy.
 
Last edited:

You Are Guilty

Senior Member
Well, couldn't we skip to the end a little? While there is *probably* not a contract, isn't there a little flavor of quasi-contract here?

OP has a promise which he reasonably relied on to his detriment.

As to the "probably" portion regarding an actual contract, we're assuming there was not consideration. If we were to try to find consideration couldn't we? I mean, the OP did promise to pick up the bed. The person who put the ad on Craigslist didn't want the mattress any longer and I think a person coming out with a truck to pick it up could very well be consideration. (Or, the promise to come pick up the bed.)

Info edit:
I just re-read the OPs post and see he has not suffered a detriment. I took the damages portion of SRGs post as a fact. If there was no monetary detriment, there would be no quasi-contractual remedy.
Bah, you snuck in an edit before I could respond. I was all set to explore your theory of "I can sue the guy who was giving me a free bed for the price of a comparable bed under quasi-contract" and you had to go and ruin my fun. :p

But I am surprised no one has seized on this yet:
OP said:
I eamiled the couple expressing that I want to get the bed and they were inconconvienceing me. I will also say that there have been several reason why I could not get the bed.
If I was giving a free bed away, I probably would retract the offer as well if someone emailed me this.
 

Some Random Guy

Senior Member
I was hoping that by skipping to the end and telling him to sue for $0 in damages we wouldn't have to belabor the lack of a real contract.
 

dcatz

Senior Member
I was hoping that by skipping to the end and telling him to sue for $0 in damages we wouldn't have to belabor the lack of a real contract.
All those posts and still the wide-eyed optimist?
I’ve learned not to even joke or be facetious. It’s taken seriously.
 

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