I'm in England, though treat this as a US case if you have to.
When I went over to my friend's house, he had recently found eBay, and had expressed particular interest over one, blue, Livestrong band. I had an account and offered to buy it for him.
On the page, it was clearly marked as one band and one band arrived. I gave this to him and he paid me £7 (the cost of the band + £1 extra).
Three days later, another identical band arrives in the post. My friend thinks that the band is his (he "paid" for it and without him there wouldn't be a second one), whereas I think that he paid for one band, the one band arrived, and it belonged to him. Contract terminated. The second band was therefore not his. Think of it like this: He's the customer, he goes to the shop (me) and says "I'd like to buy a Livestrong band. The shop says: We don't have any, but we'll order some from our supplier (eBay). A week later, the band duly arrives and another soon arrives after it, free, even though the shop only ordered one. The customer only gets one, right?
Who should get the second band?
Thanks.
When I went over to my friend's house, he had recently found eBay, and had expressed particular interest over one, blue, Livestrong band. I had an account and offered to buy it for him.
On the page, it was clearly marked as one band and one band arrived. I gave this to him and he paid me £7 (the cost of the band + £1 extra).
Three days later, another identical band arrives in the post. My friend thinks that the band is his (he "paid" for it and without him there wouldn't be a second one), whereas I think that he paid for one band, the one band arrived, and it belonged to him. Contract terminated. The second band was therefore not his. Think of it like this: He's the customer, he goes to the shop (me) and says "I'd like to buy a Livestrong band. The shop says: We don't have any, but we'll order some from our supplier (eBay). A week later, the band duly arrives and another soon arrives after it, free, even though the shop only ordered one. The customer only gets one, right?
Who should get the second band?
Thanks.