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Old 05-30-2007, 2:14 AM   #1
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Default 'Legally binding contract' or not?

"Lansbury" <lansbury@spamcop.net> wrote in message
news:fjs2ivkr84hi77ugajbji5qolrdku7454j@4ax.com...
> As far as I am aware the only contract to make a purchase which is only
> legal binding on a written agreement is the purchase of property (ie a
> house etc). All other such agreements are legally binding on a verbal
> agreement. So I would say an agreement made over ebay is indeed a
> legally binding contract.


But for an agreement to be legally binding you mind have agreement - i.e.
Offer and acceptance. If you walk into a shop and see something on the
shelf, this is not an offer, it's an 'invitation to treat'. You pick it up
that take in to the counter and 'offer' to buy it. At this point the seller
can 'accept' or not (thus a seller does not have to sell goods to you). If
he accepts, you tender money (consideration) and voila, a contract is born.

So, the question is, is eBay any different ? If not, then only when the
seller accepts the offer does the contract come into being.

Be careful with the word agreement, agreements are find enough, but what you
want if you intend to enforce anything is a contract !



 
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