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Bill E.

Legal question

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Since you all are the smartest and most successful people I know I figured this was the best place to come with a legal question. So two days ago I accidentally put a $220 Megalodon tooth on my site but failed to put in an amount so it listed as $0. A lady found a way to purchase it at $0 by adding a stand to the order for $7. I refunded the price of the stand and explained the error. She has repeatedly threatened to sue me for not honoring the "sale". I would rather pay legal fees than let this lowlife rip me off. Does she have a case? I say no because of a reasonable assumption of error or unilateral mistake of fact. Plus from what I remember from my bus law classes you need to receive consideration.

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Since you all are the smartest and most successful people I know I figured this was the best place to come with a legal question. So two days ago I accidentally put a $220 Megalodon tooth on my site but failed to put in an amount so it listed as $0. A lady found a way to purchase it at $0 by adding a stand to the order for $7. I refunded the price of the stand and explained the error. She has repeatedly threatened to sue me for not honoring the "sale". I would rather pay legal fees than let this lowlife rip me off. Does she have a case? I say no because of a reasonable assumption of error or unilateral mistake of fact. Plus from what I remember from my bus law classes you need to receive consideration.

 

That b!tch won't sue. You could also claim the item was damaged and was disposed of.

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I know I've heard of cases where Airlines and Amazon for example listed ridiculously low price. The best advice I can give you is to try to Google that and see what their resolution was. They may have just eaten the cost but still you would be a point of reference to start with. Good luck

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Its been awhile, but I think your recollection is correct. It was an obvious mistake of fact. I dont think shed win. If your ok paying legal fees, tell her to pound sand.

 

Or charge her $200 shipping and handling. :lol:

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Can not charge shipping or say it was lost or broken since I offer free shipping and already relisted it. I can not believe anyone would rule in her favor since she did not pay anything for the tooth. I just got a threatening email from her lawyer saying they would tack on high pain and suffering because she is disabled and it would be a hardship. We will see I guess.

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Can not charge shipping or say it was lost or broken since I offer free shipping and already relisted it. I can not believe anyone would rule in her favor since she did not pay anything for the tooth. I just got a threatening email from her lawyer saying they would tack on high pain and suffering because she is disabled and it would be a hardship. We will see I guess.

Oh that's a bluff and a half. Unless she's a toothless shark, that's just complete and utter b*******. They're trying to scare you now.

 

Dear sir, I find your recent threats to be as toothless as your client is. Warmest regards.

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Can not charge shipping or say it was lost or broken since I offer free shipping and already relisted it. I can not believe anyone would rule in her favor since she did not pay anything for the tooth. I just got a threatening email from her lawyer saying they would tack on high pain and suffering because she is disabled and it would be a hardship. We will see I guess.

 

Take that relisted item down, take different pictures then relist it with a different write up and stock number.

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Oh that's a bluff and a half. Unless she's a toothless shark, that's just complete and utter b*******. They're trying to scare you now.

Dear sir, I find your recent threats to be as toothless as your client is. Warmest regards.

No friggin kidding. WTF is "high pain and suffering" anyway?
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I agree with you and TBBOM. Seems like there are a few reasons her case would go nowhere.

 

Also I believe you typically cant get pain and suffering for breach of contract. Thats usually attached to tort claims so theyd likely have to show intentional infliction of emotional distress or something similar.

 

Course Im a fake lawyer fake practicing in a different state and I dont do fake megalodon tooth law. So take it with a grain of salt

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I agree with you and TBBOM. Seems like there are a few reasons her case would go nowhere.

Also I believe you typically cant get pain and suffering for breach of contract. Thats usually attached to tort claims so theyd likely have to show intentional infliction of emotional distress or something similar.

Course Im a fake lawyer fake practicing in a different state and I dont do fake megalodon tooth law. So take it with a grain of salt

This is such a stupid claim, why does he even need a lawyer? What would happen in the (unlikely) event this makes it to court, he shows up and explains the mistaken price (or lack thereof) which he corrected as soon as he realized the mistake?
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This is such a stupid claim, why does he even need a lawyer? What would happen in the (unlikely) event this makes it to court, he shows up and explains the mistaken price (or lack thereof) which he corrected as soon as he realized the mistake?

He may have insurance which would provide him with a defense.

 

Its always inadvisable to represent yourself, no matter how right you are

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No way she wins anything in court.

 

Trying to think of ways you could have gotten around this though...

 

Maybe it gets lost in the shipping of the stand. These items are unique. You refund the purchase price of $0 and offer her a return on the stand.

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I agree with you and TBBOM. Seems like there are a few reasons her case would go nowhere.

 

Also I believe you typically cant get pain and suffering for breach of contract. Thats usually attached to tort claims so theyd likely have to show intentional infliction of emotional distress or something similar.

 

Course Im a fake lawyer fake practicing in a different state and I dont do fake megalodon tooth law. So take it with a grain of salt

This. It's small claims court. Tell her good luck. See you in court. She's trying to bully you. She'll fold. She's filed a few of these. And failed many more times than won.

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Companies cancel placed orders all the time, claiming out of stock - and they don't have to honor the price at restocking either.

 

Did you explain to her the error in email or verbally?

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This. It's small claims court. Tell her good luck. See you in court. She's trying to bully you. She'll fold. She's filed a few of these. And failed many more times than won.

If he's already explained the error, I wouldn't tell her anything. Silence is a powerful tool to combat bullies.

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Course Im a fake lawyer fake practicing in a different state and I dont do fake megalodon tooth law. So take it with a grain of salt

😂

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I agree with you and TBBOM. Seems like there are a few reasons her case would go nowhere.

 

Also I believe you typically cant get pain and suffering for breach of contract. Thats usually attached to tort claims so theyd likely have to show intentional infliction of emotional distress or something similar.

 

Course Im a fake lawyer fake practicing in a different state and I dont do fake megalodon tooth law. So take it with a grain of salt

Also, lack of consideration. A contact wherein she pays nothing is not a legally enforceable contract.

 

Im almost positive that the ucc covers this in his favor, but hell, Ive smoked a lot of weed since commercial transactions class.

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He may have insurance which would provide him with a defense.

 

Its always inadvisable to represent yourself, no matter how right you are

Yea I would not even take a chance. She said she is disabled. That is why it would cause her emotional distress.

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If he's already explained the error, I wouldn't tell her anything. Silence is a powerful tool to combat bullies.

Yea I have not written back.

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No way she wins anything in court.

 

Trying to think of ways you could have gotten around this though...

 

Maybe it gets lost in the shipping of the stand. These items are unique. You refund the purchase price of $0 and offer her a return on the stand.

I refunded the stand as soon as I saw it, Knew she would not want a stand with no tooth.

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Companies cancel placed orders all the time, claiming out of stock - and they don't have to honor the price at restocking either.

 

Did you explain to her the error in email or verbally?

I did. Her emails have gone back and forth from calling me a fraud, claiming bait and switch and calling it my mistake several times. She knew what it was the second she saw it and tried taking advantage. It seemed clear to me but I wanted to see what others thought. I appreciate all the support. If she sues I will hire all of you as my lawyers. When they see this dream team they will run for it.

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I did. Her emails have gone back and forth from calling me a fraud, claiming bait and switch and calling it my mistake several times. She knew what it was the second she saw it and tried taking advantage. It seemed clear to me but I wanted to see what others thought. I appreciate all the support. If she sues I will hire all of you as my lawyers. When they see this dream team they will run for it.

 

a bunch of racist, bigoted, homophobes, and then the conservatives

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She doesn't have a case. I have ordered stuff sold by Amazon and received an email basically stating the price was in error sorry for the mistake but happens.

 

I'm assuming Bezos knows the law.

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She doesn't have a case. I have ordered stuff sold by Amazon and received an email basically stating the price was in error sorry for the mistake but ###### happens.

 

I'm assuming Bezos knows the law.

Different situation. Bezos had a team of high end lawyers write terms of service that promise god knows what.

 

That is a good point bill. Does the payment processor you use have any terms of service? That may be your easy out right there.

 

And you should probably slap some boilerplate on your site itself. By shopping here you agree to the terms of service, sales can be voided at any time for any reason, etc. go Fock yourself etc.

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You had a price error, and this woman got there first. How on earth did she find your site?

 

Oh and tough sh1t for her, I have had many sales canceled for "price errors" even when they obviously weren't errors, they were bait and switches or e-mail address grabs. The way of the internet.

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Send me the toof in question and I'll take care of the woman.

I want one too. I'm going to attach leather straps and wear it as a loin tooth. That's why I need such a big teefer if you get my drift.

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Just tell the lawyer it was a website error, no price was listed. She can choose to pay the actually price of the product, or work out her pain and suffering pounding sand

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Also, lack of consideration. A contact wherein she pays nothing is not a legally enforceable contract.

 

Im almost positive that the ucc covers this in his favor, but hell, Ive smoked a lot of weed since commercial transactions class.

 

This. Also, a legal contract requires a meeting of the minds, meaning that all parties agree on the terms. Exactly for situations such as this. If you end up in court just say you made a mistake and therefore there was no meeting of the minds. You did not intend to offer the item for free. it's an open and shut case and I would tell her lawyer that. No decent lawyer would pursue such a case so if you do get sued you can just assume you're being sued by Worms.

 

https://contract-law.laws.com/contract-law/meeting-of-the-minds

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ebay.

 

what year is this?

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Did you ask her for her can size yet?

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ebay.

 

what year is this?

EBay charges a fee for sellers that can add up quite quickly. If a buyer is seeking a Megalodon tooth, they're likely using a search engine, and it is as likely they'll land on Bill's site as they would eBay - but without the fees (beyond initially setting up the site - and his looks like it was a budget-conscious shopping cart template site).

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fees. fock fees.

 

I pay a fee to buy tickets and then a fee to sell them on stub hub if I can't go

 

fock fees

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Different situation. Bezos had a team of high end lawyers write terms of service that promise god knows what.

 

That is a good point bill. Does the payment processor you use have any terms of service? That may be your easy out right there.

 

And you should probably slap some boilerplate on your site itself. By shopping here you agree to the terms of service, sales can be voided at any time for any reason, etc. go Fock yourself etc.

I do need to do that for sure. It was never an issue since 1999 when I started doing this, but I need to do that.

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That b!tch won't sue. You could also claim the item was damaged and was disposed of.

I agree...and will add a couple things:

 

A.) It's not that easy. There are mistakes all the time in advertising. If its minor, they may honor the mistake. If its ridiculous, they will not honor it and say its a mistake. I can profile the type of person that says "Huh-unh....you listed it as $0, so I want it for $0". ---------> lowlife.

B.) Better yet, say that you discovered it was not a megladon tooth. It was actually only a deer/dog/hog/pig/shark/ tooth (whatever you can find or go buy for $3) Ask her if she still wants it.

C.) Send her a human tooth. When she complains, tell her "Uhh...Lady, my uncle Ted's nickname was "Megladon". You got exactly what was advertised.

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