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Case Study Example

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According to Jean Murray (2009), plaintiff is the person bringing a civil lawsuit to court or in a criminal case, it might be said that the plaintiff is the state and has to prove a case. In this case, the plaintiff is Peter Smythe and his counsel is B. Kasep while the…
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Download file to see previous pages Whilst the defendant may cite the absence of a legal statute that is binding in the contract, the terms of selling and buying as stipulated by eBay are open and very clear for all the participants to easily understand.
Acknowledgement by all the participants is a mandatory requirement for participating. Whilst eBay would only facilitate the payment for the items sold between two parties, both of them would have agreed to the terms and conditions of the bid which is not entered into under any jurisdiction but where the highest bidder walks away with the item. Whilst some differences arose with the defendant arguing that he had not entered into a contract with the plaintiff after he had already made a 10 % payment, it seems that both parties were aware of the deal and the defendant had even given information to the effect that the plane had certificates of fitness and the highest amount of bid he expected. Surprisingly, the defendant’s sworn affidavit is silent about this payment which raises doubts. The plaintiff fulfilled all these terms and conditions stipulated in the conditions for eBay which may be folly for the defendant to argue that he is not legally bound to such a contract after knowingly accepted the terms as provided by eBay which led Rein AJ to doubt his credibility.
5. The defendant argued that there was no binding and enforceable agreement between him and the plaintiff since he argued that it was only eBay which could remove him as a registered member which meant that he had no contract with the client since there is nothing binding if there is an issue of one party defaulting. He argued that the only contract that existed was between him and eBay and between the plaintiff and eBay again without direct relationship between the buyer and the seller.
He also argued that placing an advert on eBay was just like placing it in any other classified sections of the press but it seems ...Download file to see next pagesRead More
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