(Topic ID: 47980)

Did you have a Reciept /Invoice showing Purchase of MOPLE

By PinFever

11 years ago


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#35 11 years ago
Quoted from mg81:

Just for the sake of argument contract law would likely say, the loss could be the difference in the contract price (what PinFever's original contract price was to purchase) and the current market price at the time PinFever learned the contract was being cancelled (repudiated) by the seller plus incidental damages.
This is a fairly common issue in contract law with rising market as sellers try to capture top dollar for their items.
But all of that being said, lots of unknowns, like what terms were actually in your contract that would let them break the deal, probably plenty. Also the split in values will likely be more than consumed in attorney's fees.

A receipt would not count as an enforceable contract to receive the goods (and that's all people receive in this case - there is no written contract other than a receipt given) - there is precedent on this from folks who sued a retailer who charged them for an item and sent them a receipt, but ran out of stock (and probably many more precedents). As long as the refund was timely given, out of luck.

#40 11 years ago
Quoted from mg81:

Eryeal, fully agree with what you are saying. I have no idea what the OP originally "contracted" or if a contract even existed. I don't know what the purchasing of a game from a distributor looks like in practice.
I just find it interesting that most people feel a seller offering a "full refund" if an item is not delivered is always OK. Can you imagine in industry if companies let shit like that go unchecked?
Example: Power plant contracts to buy X amount of coal for $10 million for delivery in 1 year, they even prepay. One year later coal prices double. The seller of coal says to the power plant, "Sorry, here is your money back we don't want to sell you the coal anymore." Do you think the power plant would just smile, bend over the barrel and take it?
Once again I am not saying the OP even had a contract like in the example, but most of the other posters seem to feel that even in my above example the power plant should also smile and move on without complaint.

Regarding the power plant example - well the key word is contract. If you're buying $10 million in coal in a year, there's going to be an extensive, well-written contract to protect the buyer. And if there's not, then someone will get fired when the coal seller cancels!

Yeah there's no contracts when buying the pins - just really a normal order confirmation and receipt of deposit.

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