Does law of contract applies in CS B&S?

[TMC]

reading thru all these brings back my commercial law lessons many moons ago. then, there were no case law about transactions thru CS b&s. (CS did not exist then, huh!)

my sell adv in b&s is an invitation to treat. when a party make an offer to buy at a price. i, as the seller accepts the offer and communciated it to the other party. would not a contract being 'inked' in such circumstances?

Until, the buyer affirms his/her intention to buy. They always say have to see condition first right?

 

[reachme2003]

well, it is fair to ask to see the condition, especially for used items. however, the interested party should refrain from making a buy offer until he is satisfied with the condition.

alternatively, make it clear that the buy offer is subject to satisfactory viewing.

Until, the buyer affirms his/her intention to buy. They always say have to see condition first right?

 

[waileong]

To summarise:

a. When you post an ad, you are giving an "invitation to treat", ie inviting people to make offers for your item at the specified price.

b. When someone makes an offer at the price given, you can then tell the prospective buyer whether you accept his offer.

c. If you accept his offer, a contract is then created, because (i) he has made an offer; and (ii) you have accepted the offer.

Thus, if you do not go on to fulfil the contract, you are in breach of the law of contract and can thus be sued for damages.

(d) It is also possible that the offer made is a conditional one (ie not binding until the conditions are satisfied), eg. subject to satisfactory viewing, subject to producing the item for sale by a certain date/time, etc.

If so, then the buyer need not fulfil the contract if the conditions are not met reasonably. There is no breach of contract in such an instance.

However, if the seller has fulfilled the conditions (eg to produce the item for sale by a certain date/time), then the seller can sue the buyer for breaching the contract. Same applies for buyer.

Anyway, all the above is theoretical, in real life, unless you're buying tens of thousands of dollars of product in B&S, why go thru the trouble of suing someone, even in SCT? At best you get restitution, but you will not get consequential or collateral damages. At worst, it's your word against the other party's and unless you have lots of witnesses or very detailed records, it's unlikely you will get restitution at all, so you'll be out of pocket in terms of time and SCT fees and your own litigation costs.

 

[Canonised]

Forgot most of my contract lessons since it was so many yrs back ...:dunno:
but if i m not wrong, if any one of the parties is below the legal age (18? or 21?) then there is no legal contract ....

 

[reachme2003]

capacity to contract?

Forgot most of my contract lessons since it was so many yrs back ...:dunno:
but if i m not wrong, if any one of the parties is below the legal age (18? or 21?) then there is no legal contract ....

 

[TMC]

well, it is fair to ask to see the condition, especially for used items. however, the interested party should refrain from making a buy offer until he is satisfied with the condition.

alternatively, make it clear that the buy offer is subject to satisfactory viewing.

Isnt that the whole idea here? Common sense would tell you that no one in the right mind would buy a lens/body w/o first examining it if possible. So there is no contract being formed unless there is a firm offer to buy, which is made only after examining the goods.

 

[Canonised]

Isnt that the whole idea here? Common sense would tell you that no one in the right mind would buy a lens/body w/o first examining it if possible. So there is no contract being formed unless there is a firm offer to buy, which is made only after examining the goods.

In legal laws, common sense will not apply. "Let the buyer beware ..."
Even if you didn't inspect the goods and accept an offer, it is still a sale .... that's common sense. If not, everyone will be going to court to say that they didn't inspect the goods, etc.

 

[TMC]

In legal laws, common sense will not apply. "Let the buyer beware ..."
Even if you didn't inspect the goods and accept an offer, it is still a sale .... that's common sense. If not, everyone will be going to court to say that they didn't inspect the goods, etc.

that is why people in BnS will always view first then will confirm whether to buy or not. and I have also noted, examine if possible. If he/she have already made the agreement to buy, then you have something to work with.

 

[reachme2003]

your post here contradict your earlier post #26.

so, 'let the buyers beware' stands. an offer to buy without asking to examine or satisfying oneself of the condition of the goods first results in an agreement, when duly accepted by the other party. i rest my case.

that is why people in BnS will always view first then will confirm whether to buy or not. and I have also noted, examine if possible. If he/she have already made the agreement to buy, then you have something to work with.

 

[TMC]

What contradiction? :dunno: If they couldnt examine the goods but still made the agreement, then they are still in contract. I never did once deny that. Please reread the earlier posting.