Quote:
Originally Posted by MalibuBimmer
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.
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the ucc governs when a sale by auction (the transaction) is complete (by customary conduct).
even if the contract has been formed, to complete performance & finalize the contract, payment is still required even if a buyer has the right to enforce the sale. consideration is necessary in every contract. thats common sense. again i ask: what are you saying? that the buyer can enforce the sale yet need not pay or show proof of payment?
wasn't trying to diss you, but horrible application. it is funny though when 1st year students or practicing attorneys use legalize to say, "hey. look at me. i know law." especially without providing any reasoning or explanation. i agree though, i said it before, at least, the knowledge of dooma's lawyer had been easily recognizable (unlike a lot of internet lawyerz)