ELynah Forum

General Category => Hockey => Topic started by: Tom Tone on February 16, 2006, 06:16:43 AM

Title: Beating the system
Post by: Tom Tone on February 16, 2006, 06:16:43 AM
Seems like one student got around the scalping laws...


http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=7217031659&category=2911


And all I got were these lousy hockey tickets.
Title: Re: Beating the system
Post by: Will on February 16, 2006, 07:44:48 AM
This has been done before with several hundred dollar envelopes.  The student got shafted because he/she had to buy/give up a t-shirt. :-D
Title: Re: Beating the system
Post by: Beeeej on February 16, 2006, 09:59:20 AM
[quote Tom Tone]Seems like one student got around the scalping laws...[/quote]

In the sense that eBay's policies are poorly enforced, and most people can find a way to break the law without eBay caring, yes, he "got around the scalping laws."  What he did was still illegal.

Beeeej
Title: Re: Beating the system
Post by: jy3 on February 16, 2006, 10:39:32 AM
yeah and actually I think that a couple hundred dollar envelope is against listing policy as well.
Title: Re: Beating the system
Post by: Jordan 04 on February 16, 2006, 10:45:28 AM
For a while now, eBay has treated the "free ticket included" auctions the same as they do regular ticket auctions.

Obviously, in most cases that means looking the other way and letting the auctions continue, but it is not as if anybody is "beating the system" by structuring their auction like this.
Title: Re: Beating the system
Post by: Trotsky on February 16, 2006, 01:05:56 PM
If you shipped the envelope and said, sorry, but the free ticket is no longer available, could the buyer claim breach?  Does the "freeness" of the ticket negate a claim of it as avalue received?  Attention Contracts person.
Title: Re: Beating the system
Post by: David Harding on February 16, 2006, 10:45:21 PM
When I click on that link I get[q]This Listing Is Unavailable [ ]
This listing (#7217031659) has been removed or is no longer available. Please make sure you entered the right item number.

If the listing was removed by eBay, consider it canceled. Note: Listings that have ended more than 90 days ago will no longer appear on eBay.

Try searching for another item now.
[/q]
Title: Re: Beating the system
Post by: French Rage on February 17, 2006, 12:21:34 AM
[quote Trotsky]If you shipped the envelope and said, sorry, but the free ticket is no longer available, could the buyer claim breach?  Does the "freeness" of the ticket negate a claim of it as avalue received?  Attention Contracts person.[/quote]

The answer has something to do with "consideration".  Thank you, GOVT 313.
Title: Re: Beating the system
Post by: Beeeej on February 17, 2006, 09:25:36 AM
Well, good - that means they actually did something right for a change.

Not that it'll necessarily stop the seller from executing the sale, but at the very least it'll count as a mark against him.

Beeeej, T-2:36
Title: Re: Beating the system
Post by: Ken\'70 on February 17, 2006, 10:52:39 AM
Collectivist busy-bodies 1  -  Individual Liberties 0 ::help::
Title: Re: Beating the system
Post by: nyc94 on February 17, 2006, 10:58:49 AM
[quote Ken'70]Collectivist busy-bodies 1  -  Individual Liberties 0 ::help::[/quote]

Under what circumstances do you believe the government has any right to intervene in anything?
Title: Re: Beating the system
Post by: Beeeej on February 17, 2006, 10:59:17 AM
I guess I must have missed that day in Con Law class where the prof covered the individual liberty to break a state law.

Beeeej, T-1:05
Title: Re: Beating the system
Post by: KeithK on February 17, 2006, 12:29:53 PM
Well, he didn't exactly say that the state gov't didn't have the right under the US Constitution to pass and enforce such a law.  Just because they can doesn't mean they should.
Title: Re: Beating the system
Post by: schoaff on February 17, 2006, 12:56:16 PM
[quote nyc94][quote Ken'70]Collectivist busy-bodies 1  -  Individual Liberties 0 ::help::[/quote]

Under what circumstances do you believe the government has any right to intervene in anything?[/quote]

I use the grandma rule. Any law should be important enough to our society and our future as a people that you'd be willing to execute your grandmother to enforce it.*

National Defense, Homicide, Robbery? Yes.
Stopping someone from selling a ticket on EBay? No.


* Obviously this presupposes that you are fond of your grandmother ;-)
Title: Re: Beating the system
Post by: PinkyGen on February 17, 2006, 02:01:51 PM
I don't know if consideration matters. If the ticket is included in the offer, and the buyer "accepts" the offer, once the offer is "accepted," the terms cannot be changed without mutual assent.

The only tricky point is what constitutes acceptance? Is "bidding" acceptance. WHen the buyer wins the auction, is that "acceptance?" Or is it acceptance only when the check is mailed?
- Typically, acceptance is some sort of affirmative signal from the buyer that they accept the terms of the deal as is.

(I'm a law student, but would rather not run to find my Contracts supplement with the Second Restatement).
Title: Re: Beating the system
Post by: daredevilcu on February 17, 2006, 03:26:38 PM
In an auction, when the last bid is placed and the time runs out, the offer is considered accepted by both the seller and the buyer.  Once the auction ends, the winner can no longer legally withdraw his bid, and in most cases the seller cannot withdraw his offer to sell the item.
Title: Re: Beating the system
Post by: Ken\'70 on February 17, 2006, 07:01:52 PM
The day you missed was the day they discussed the Constitution.  But then again, they might not have seen it important enough to devote even a day to it.  So I guess you can be forgiven.  ::yark::
Title: Re: Beating the system
Post by: Beeeej on February 17, 2006, 11:42:05 PM
Really?  I do hope you'll tell me about the part of the Constitution that guarantees your "individual liberty" to break laws.  I'm quite upset now that I know I missed the class about it.

Beeeej