tranquility
Senior Member
I am uncertain why we go through this each time there is an e-bay issue.
Is there a contract? By my understanding, yes. Does anyone have a different opinion?
What are the damages? Well, since this was for the sale of goods, let's go to the UCC. Does anyone have a different opinion? While other remedies may apply, I like:
For a more complete discussion, see:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=899795
Is there a contract? By my understanding, yes. Does anyone have a different opinion?
What are the damages? Well, since this was for the sale of goods, let's go to the UCC. Does anyone have a different opinion? While other remedies may apply, I like:
As to if the buyer needs to pay before there is a breach by the seller. Look to:§ 2-713. Buyer's Damages for Non-delivery or Repudiation.
(1) Subject to the provisions of this Article with respect to proof of market price (Section 2-723), the measure of damages for non-delivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this Article (Section 2-715), but less expenses saved in consequence of the seller's breach.
(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
Although e-bay auction will have it's terms in the offering, clearly there is not tender here. There has been a repudiation in fact and not just in anticipation. If the OP really wanted to protect himself he could make a written demand for the item. That would dot the i for the breach.§ 2-610. Anticipatory Repudiation.
When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may
•(a) for a commercially reasonable time await performance by the repudiating party; or
•(b) resort to any remedy for breach (Section 2-703 or Section 2-711), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and
•(c) in either case suspend his own performance or proceed in accordance with the provisions of this Article on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (Section 2-704).
For a more complete discussion, see:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=899795