Are all contract failure commits fraud then?

Discussion in 'Legal Issues' started by adminkamal, Nov 28, 2012.

  1. #1
    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
     
    adminkamal, Nov 28, 2012 IP
  2. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #2
    When somebody sues them and proves it.
     
    browntwn, Nov 28, 2012 IP
  3. Rukbat

    Rukbat Well-Known Member

    Messages:
    2,908
    Likes Received:
    37
    Best Answers:
    51
    Trophy Points:
    125
    #3
    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?
     
    Rukbat, Dec 1, 2012 IP
  4. Linktub

    Linktub Well-Known Member

    Messages:
    148
    Likes Received:
    3
    Best Answers:
    0
    Trophy Points:
    100
    #4
    It all really depends, this is a question better left to an attorney.
     
    Linktub, Dec 26, 2012 IP