Hello, I do not understand the law of fraud or miss presentation properly, as when the court regards failure of contract commits up to fraud? Because I see many ebay seller do not ship or mislead their buyer about product or information, so at what point law regards fraud is committed by seller? How many failure to ship or mislead information takes to fraud cases? Can anybody make me clear about it? Many thanks
The law differs by jurisdiction and, if the buyer and seller are in different jurisdictions, it gets more complicated. In most cases with eBay sellers, the amount of money and the cost of suing in a foreign country make doing anything about it not worth it, so sellers (especially those in countries with weak laws or lax enforcement) keep taking money and making a profit. That's why PayPal works - you're pretty safe from outright fraud. Misleading product information is more complicated. Was it misleading, or did the buyer just not understand the information?