PROBATION DISCUSSIONS 21 21

[Old Fashion PB and J]

Could we add Chunkybutt to the list. I have been holding a stack of books for him since february. I have made contact with him recently, sent a total and he has not responded. I am tired of chasing the guy for the money. I will notify him of this post and allow him to chime in as per the rules. The guy is really nice, I do like him. But leaving me with little to no responses for so long brings me to this.

 

If he completes the sale, I will return and ask him to be removed.

 

[N/A]

 

This was the first time Holyghost leveled up from efftard to contract breacher.

 

+1 While I personally believe in applying a "nothing ventured, nothing lost" analysis with obvious doorknobs that show up here, nothing excuses breach of contract or any other scamming behavior.

 

Breach of contract? That's a little over the top isn't it?

[RockMyAmadeus]

If it walks like a duck, and quacks like a duck...

 

...it still deserves the right to present evidence that it's a goose. If it doesn't, then fine and good.

[seanfingh]

 

This was the first time Holyghost leveled up from efftard to contract breacher.

 

+1 While I personally believe in applying a "nothing ventured, nothing lost" analysis with obvious doorknobs that show up here, nothing excuses breach of contract or any other scamming behavior.

 

Breach of contract? That's a little over the top isn't it?

 

Maybe. Not in Ohio, where I am from. Offer plus acceptance plus consideration (which includes the promise to pay) equals a contract. Not performing in accordance therewith is a breach of that contract.

 

Why? Do you believe that it is OK, or that it should be considered OK, to back out of agreements like the one in this example?

[N/A]

 

This was the first time Holyghost leveled up from efftard to contract breacher.

 

+1 While I personally believe in applying a "nothing ventured, nothing lost" analysis with obvious doorknobs that show up here, nothing excuses breach of contract or any other scamming behavior.

 

Breach of contract? That's a little over the top isn't it?

 

Maybe. Not in Ohio, where I am from. Offer plus acceptance plus consideration (which includes the promise to pay) equals a contract. Not performing in accordance therewith is a breach of that contract.

 

Why? Do you believe that it is OK, or that it should be considered OK, to back out of agreements like the one in this example?

 

Not at all. I just don't see breach of contract but to the best of my knowledge in Canada a verbal contract is legally binding if and only if one of the parties has incurred an expense. I don't see an expense here.

[SharpComics.com]

 

This was the first time Holyghost leveled up from efftard to contract breacher.

 

+1 While I personally believe in applying a "nothing ventured, nothing lost" analysis with obvious doorknobs that show up here, nothing excuses breach of contract or any other scamming behavior.

 

Breach of contract? That's a little over the top isn't it?

 

Maybe. Not in Ohio, where I am from. Offer plus acceptance plus consideration (which includes the promise to pay) equals a contract. Not performing in accordance therewith is a breach of that contract.

 

Why? Do you believe that it is OK, or that it should be considered OK, to back out of agreements like the one in this example?

 

Not at all. I just don't see breach of contract but to the best of my knowledge in Canada a verbal contract is legally binding if and only if one of the parties has incurred an expense. I don't see an expense here.

 

Does taking half a day off of work count as an expense? Travel costs, ie. fuel, mileage?

 

[JazzMan]

Could we add Chunkybutt to the list. I have been holding a stack of books for him since february. I have made contact with him recently, sent a total and he has not responded. I am tired of chasing the guy for the money. I will notify him of this post and allow him to chime in as per the rules. The guy is really nice, I do like him. But leaving me with little to no responses for so long brings me to this.

 

If he completes the sale, I will return and ask him to be removed.

 

Looks like you've been patient enough and followed all the standard guidelines. He will be added to the probation list.

[N/A]

Are you talking about going out to see the collection?

[seanfingh]

 

You are not Canadian, goofball. I suspect that Illinois is a lot like Ohio where verbal contracts are enforceable unless they are subject to the statute of frauds (involve marriage, involve real estate, can't be completed in a year etc.) Man, this is like a bar question.

[N/A]

 

I considered a career in law atone point. Like to learn

[brendanb438]

Sucks to waste your time in this type of situation. I drove to buy a collection of Magic the Gathering cards off someone via a Craigslist type transaction about 6 weeks ago. My drive time round trip was 3 hours. The guy didn't even have the whole collection with him at the time and now wants me to meet up with him again to finalize some sort of deal.

 

What pissed me off is he wouldn't just sell me everything that he had brought with him and I could offer to buy the rest another time. Nope insisted he sells it as one collection. I even tried to get him to sell me just a handful of cards to cover my time and gas but nope. He insisted on letting me borrow the cards. Good thing is I got about $150 worth of cards to cover my time and gas, and if we don't complete the deal and I drive there again I will be deducting my time and gas from those cards.

 

On a side note my wife says Branget needs to be put on some sort of list so he is prohibited from selling me anymore Walking Dead goodies. Little does she know I plan to spend a lot more during the summer on stuff from him hopefully.

[seanfingh]

On a side note my wife says Branget needs to be put on some sort of list so he is prohibited from selling me anymore Walking Dead goodies.

 

He has got the WD goods.

[N/A]

[marvelcollector]

Everybody should have an opportunity to present their side of the story.

 

But in this case, I'm having a hard time imagining a plausible acceptable explanation that doesn't make holyghost look very shady....

 

Like there's no good ending to a sentence that starts "So, I threw him in the trunk..."

[Bosco685]

Like there's no good ending to a sentence that starts "So, I threw him in the trunk..."

 

[comix4fun]

 

This was the first time Holyghost leveled up from efftard to contract breacher.

 

+1 While I personally believe in applying a "nothing ventured, nothing lost" analysis with obvious doorknobs that show up here, nothing excuses breach of contract or any other scamming behavior.

 

Breach of contract? That's a little over the top isn't it?

 

Maybe. Not in Ohio, where I am from. Offer plus acceptance plus consideration (which includes the promise to pay) equals a contract. Not performing in accordance therewith is a breach of that contract.

 

Why? Do you believe that it is OK, or that it should be considered OK, to back out of agreements like the one in this example?

 

Not at all. I just don't see breach of contract but to the best of my knowledge in Canada a verbal contract is legally binding if and only if one of the parties has incurred an expense. I don't see an expense here.

 

 

You don't need any incurred expense. The agreement is usually enough. Breach is breach, the liability is there. Damages are another matter entirely.

 

Given that this seller breached his deal with Brad to make a deal with someone else for more money it's not outside the bounds of law that the damages would be AT LEAST the difference between what Brad contracted to pay and what HG actually later sold the books for.

 

As well, we don't know what subsequent deals or expenses Brad undertook in reliance on his contract with HG. He could have sold other books, that he would have otherwise kept, to pay for HG's books. He could have entered into other agreements in reliance on his deal with HG.

 

None of those are necessary to bolster Brad's claim, but it doesn't hurt.

 

To put it another way the law abhors unjust enrichment. They do not reward people who break contracts in order to enrich themselves through the act of breaching.

 

 

[PovertyRow]

Everybody should have an opportunity to present their side of the story.

 

But in this case, I'm having a hard time imagining a plausible acceptable explanation that doesn't make holyghost look very shady....

 

Like there's no good ending to a sentence that starts "So, I threw him in the trunk..."

 

So I threw him in the trunk, locked it, and signalled to the crew to hoist it into the waiting tank of water. The audience watched with bated breath, The timer began the countdown...5 minutes to death. Can Marvello The Mystic make his escape?

[marvelcollector]

 

Touche.

[PovertyRow]

 

Touche.

 

I threw him in the trunk. Grabbed the jack and the spare. Slammed the lid. Started to jack up the front end. The car slowed as they approached. I pretended not to notice...focused on jacking up the car...changing a tire...wiping the sweat from my brow. Would they know the witness was in the trunk?

 

PS -

[Bosco685]

Would they know the witness was in the turnk?

 

First they would have to know what it was to then know there was a witness in it.