ebay ticket tout threatens court action

[andydd]

Just because there may be another breach of an associated contract does not prevent a subsequent contract being valid. If I agree to buy a car from a dealer it really doesn't matter if there has been some breach of contract between the dealer and the person he is buying the car off.

 

It is also the case that the buyer would definitely be breaching a contract based on the anticipated breach of contract by the seller. Not a good place to be, and not all breaches of contract will entitle a party to rescind. The buyer might just be entitled to compensation. Any action that the seller is open to from ebay because of the breach of ebay's t's and c's may not effect the buyer's case.

 

Lots of ifs and maybes. All in all, fairly ropey.

 

On another point, I think that it is ropey from a conduct point of view for a barrister to 'threaten' another party to a legal dispute with his status as a barrister. Worth checking the conduct rules I reckon.

 

Well, yes and no..If the original car was stolen for example then it would nearlyy always remain the property of the original owner no matter how nay owners/contracts it went through further down the line..I know thats veering off slightly into criminal law but I can imagine there maybe similar civil cases.

 

In the case here the seller is not saying 'you are buying the tickets' but 'when the tickets become avilable, ill send them to you', however this practise would appear to break ebay's 30-day rule, the seller (in taking legal action) would be totally relying upon ebay's T&C but it could be argued that as he himself has broken them and the buyer was worried he wouldnt get his tickets he is entitled to withold payment. (and of course there is also the 'tickets cannot be re-sold' issue, if indeed they can't.

 

Andy

[Kraken1]

Cars - not necessarily (for eg finance) and it would be a criminal matter and that effects the validity of the contract. And it is a title issue. Here at least there is good title to the tickets. I'm talking about a 'normal' breach of contract. The wrong colour or something.

 

As for undelivered goods - this is done nearly all the time with stuff. Especially on ebay where drop-shippers are common. It doesn't effect the contract. The seller wouldn't be relying on ebays ts and cs to sell, just normal contract law. Offer, acceptance, consideration. All the other stuff with the 30 days, and the ts and cs of the ticket sale might be nothing more than a distraction.