The Uniform Electronic Transactions Act

[xc_myers_06]

What is the name of your state? Nebraska

Ok here is the deal.I was looking at a motorcycle on ebay and started asking one of the sellers for some information and got really interested in it. Kinda jumped one foot in front and backed up of wanting to purchase this bike.
1.) First one i looked at
2.) Started finding better ones
3.) This one needed Work
4.) Didnt really like the way the guy was presenting this and talkin it up.

But here is the email and tell me what you guys think. I am a 19 year old male in college with lil money the way it is and looking for help!

Dear xxxx xxxxxx,

The below information is not all the communcation between myself and your son Riley. I communcated with your son through the course of two days, sent additional requested pictures on three diferent occasions, two different videos of the motorcycle being riden, and turned down other potential buyers. The information detailed below is specifically what bound him to pay for this motorcycle;

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Email Message
Sat, Mar 8, 2008 at 1:05 PM
RE: You've received an answer to your question about item Kawasaki : Ninja


...we got ourselves a deal. I will be doing the $500.00 deposit right now and the rest hopefully on monday. Then are you able to get that shipped out possibly this week then...but lemme know. I would like to have it by march 21st or 22nd if at all possible cuz i will be home that weekend.

If you can for the address put.

xxxxxxxxxxxxxx
xxxxxxxxxxxxxx
xxxxxxxxxxxxxx

Although my paypal will be different a different address and say the college's address but i wont be there to pick it up and my parents can sign the delivery conformation if there is one..
Keep me posted though on shipping details."
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Please read the following article for your own infromation that will confirm for your peice of mind that he did indeed enter a legal binding contract.
The Uniform Electronic Transactions Act

Is this really a legal binding contract? I disagree with him. I dont know much about that act though. he is threatening me with court, and paying for his flights and hotel bills that i will have to pay for them because i will lose. Is this right? I feel like i am trying to be taken advantage of. Am i really liable or am i in the clear. I never sent any money to the guy and he still has the bike for sale on ebay as we speak. Any info would be greatly appreciated. THANKS!

 

[tranquility]

There is nowhere near enough information to determine if you have a contract or not. However, let's say you do. The guy can only get the benefit of the bargain. That's what contracts are about. You give him the price of the putitive contract and he gives you the bike. (Or, the difference between the agreed price of the bike and what he eventually sells it for.) Travel, hotel bills and the like are blowing smoke.

 

[xc_myers_06]

Well that is what he claims to be the contract through that act he posted. He said he is filing a claim with Nebraska today and said he will see me in court. Also there is no way he could drag my mom into this is there? Also if he does end up selling the bike then why would there being any reason to pursue this if there even was a case...right? i mean if he sold it what else can he get...I didnt tell him i would pay him any money for extra pictures or videos. Well so far he seems really pushy and i told him there is no way i am going to work with him on buying that after what he is trying to do. Any more info that you are willing to share would be great! Thanks!

 

[xc_myers_06]

what did you mean about giving him the price of the pugitive contract? i didnt understand that part...

 

[tranquility]

Putative: Generally regarded as such; supposed.

In a breach of contract, the remedies are guided by considering the benefit of the bargain. What would the situation be if both parties performed? You would have the bike and he would have the money. Bascially, the limit for your [supposed] contract would be the price of the bike. He has a duty to mitigate his damages. One way would be to sell the bike. If he does, the maximum amount he would be hurt is the difference between your agreed price and the price he eventually got for the bike (Minus the additional cost to make the sale and maybe the cost of money.) If you agreed to buy the bike for $5,000 and he sold it to another for $4,000 and it cost him another $100 to relist it on ebay, his contractual damages would be $900. That's the most he would get (with the addition of court costs, but not hotel or travel).