Originally Posted by BobbieBrighto
you kidding me?
a buyer need not pay for a good (with consideration) just because goods are governed by article 2 of the ucc which typically holds merchants to a higher standard and provides standard rules & duties because goods are tangible and identifiable?
as far as i know, the difference with the ucc is that consideration is not required in 2 circumstances: a firm offer or modification. as far as the meat of the contract, kool aid will tell you, oh yeah, its relevant.
do you think anyone other than an attorney, prelaw or with sales experience understands what the hell you are talking about anyway?
I'm not sure what you're babbling about, but it's clear you don't know the Uniform Commercial Code, or where to look.
UCC section 2328(d) provides that the last bona fide bidder in a no reserve auction has the right to enforce the bid and require the seller to make the sale. And, apparently, no one here (mostly law students but a few lawyers), thought to look at the UCC. eBay conducts auctions, which are governed by the UCC. So, whether anybody knows or not isn't the point. There is law that governs the situation and Dooma350 was smart enough to find a lawyer who knew and who used to his benefit.
Getting back to the point of my prior post - "consideration" isn't an issue.