Question

You and your family have recently closed on the purchase of your first home and you are excited. You are in need of furniture and appliances for your new home. You have decided to purchase some of the items from eBay and have found a dining room set and living room furniture from a private seller on eBay’s website. You look at the pictures on the website and notify the seller through email that you would like to purchase these items. The seller responds and asks you if you have any more questions about the furniture and agrees to sell you these items. You pay for the furniture with your bank debit card via PayPal’s website electronically. The seller then has the items shipped to you at your new home. When the furniture arrives, you discover that the sofa is severely damaged on the backside and you contact the seller for a refund. The seller refuses to refund your money and states that the items were sold as-is. What recourse, if any, do you have?

In an essay, answer the following questions:

• Describe what criteria must be present to constitute a legal and binding sales contract.
• Briefly summarize the uniform commercial code and if it applies in this scenario.
• Explain if any criminal laws have been violated as it relates to cyber laws.
• Develop and explain your legal strategy to gain a refund of your money.
• What rights do you have with your bank, eBay, and PayPal

Answer 1

[1] To be legally binding, a contract needs two basic segments: [1] an agreement, and [2] consideration. Inside the agreement and thought lies an arrangement of arrangements that add to the legitimateness of a contract. These incorporate the offer, execution, terms, conditions, commitments, payment terms, obligation, and default or break of the agreement.

Agreement segment of a contract - The agreement segment includes offers, counter-offers, and in the long run what agreement law calls the meeting of the brains. An understanding can be either oral or composed, contingent on the agreement. On the off chance that you procure a dining room set and living room furniture from a private seller on eBay’s website, at that point it is an oral understanding that you will pay the private seller a specific aggregate when the products arrive at your home. Agreements whose understandings must be recorded as a hard copy incorporate land agreements and agreements that last over a year. Each state has its own legitimate prerequisites and you ought to counsel these necessities to locate the particular guidelines that relate to your sort of agreement. The agreement procedure includes one gathering offering terms and conditions that are either acknowledged or dismissed by the other party. This is the point at which an agreement has been met and an agreement can be drawn up.

Consideration segment of a contract – For an agreement to be legal and binding, it must have some type of consideration. This implies all gatherings included must get thought or something of significant worth. Else, it is viewed as a gift as opposed to an agreement. The guarantee of a gift isn't really binding, contingent on the conditions. Generally, consideration includes one gathering giving something, for example, an item or administration, and in return, the subsequent party gives some type of money related pay. The consideration segment of the agreement raises a few different arrangements that ought to be tended to. These arrangements include [1] Commitments and Conditions of the Contract—what each gathering needs to do to satisfy the particulars of the agreement. [2] Execution—how well each gathering plays out the provisions of the agreement. [3] Payment Terms—a schedule that determines when all installments are to be made. [4] Liabilities—characterizes the obligation of each gathering as far as the agreement. [5] Breach of Contract—what will happen ought to either gathering neglect to satisfy their finish of the understanding

[2] Uniform Commercial Code [UCC] laws are built up to manage sales of individual property and different business exchanges. For instance, exchanges, for example, getting cash, renting hardware or vehicles, setting up agreements, and selling products are altogether secured by the Uniform Commercial Code. The clearance of administrations and the acquisition of land isn't a UCC exchange. The UCC laws were set up and are kept up by the National Conference of Commissioners on Uniform State Laws [NCCUSL], otherwise called the Uniform Law Commission, which is a non-benefit association. Each state has received it's own marginally unique yet fundamentally a similar rendition of the Uniform Commercial Code. While most states have embraced the nine fundamental articles and methods [beneath]. Areas of the Uniform Commercial Code - The Balance or Small Business clarifies these areas in more profundity, yet here quickly are the segments of the Uniform Commercial Code - Article 1: General Provisions, Article 2: Sales and Leases, Article 3: Negotiable Instruments, Article 4: Bank stores. Article 5: Letters of credit, Article 6: Bulk deals, sell-offs, and liquidations of advantages. Article 7: Warehouse receipts, bills of replenishing, and different archives of title, Article 8: Investment protections, Article 9: Secured exchanges, for an individual property, rural liens, promissory notes, transfers, and security interests. The Uniform Commercial Code was set up to make it simpler for organizations in various states to work with one another.

The Uniform Commercial Code [UCC] is an extensive arrangement of laws overseeing every business exchange in the United States. It's anything but a government law, however a consistently embraced state law. Consistency of law is fundamental around there for the interstate exchange of business. Since the UCC has been all around embraced, as it is specified in Article 2: Sales and Leases it can be applied to the present scenario into agreements with certainty that the terms will be implemented similarly by the courts.

[3] Criminal laws have been violated as it relates to cyber laws as –

18 U.S.C. § 1465 – Transportation of obscene issues available to be purchased or dissemination

Whoever intentionally transports or goes in, or utilizes an office or methods for, interstate or remote business or an online transaction or interactive PC service [as characterized in segment 230(e)(2) of the Communications Act of 1934] in or influencing such trade with the end goal of distribution or sales of any obscene, salacious, scurrilous, or messy electrical interpretation or damaged goods another article fit for delivering sound or some other matter of profane or unashamed character, will be fined under this title or detained not over five years, or both. The transportation as aforementioned, or a joined aggregate of documents such productions and articles, will make an assumption that such distributions or articles are proposed available to be purchased or appropriation, yet such assumption will be rebuttable.

[4] Banks will pay for the whole misfortune in the accompanying cases. At the point when a deceitful exchange has occurred because of insufficiency or carelessness with respect to the bank regardless of the way that the client has detailed it or not. An advanced exchange experiences different middle person stages, for example, the payer bank, the payee bank, the payment passage, and so forth, and the exchange must be scrambled. No information ought to be put away with both of the middle people yet just moved. Accordingly, if a misrepresentation occurs during this procedure, the client ought not to be held at risk.

In this situation, if the client educates the bank about the fraudulent exchange inside three working days subsequent to accepting the correspondence, the bank should make great the whole misfortune to the client. Restricted risk - If the extortion has occurred because of the carelessness of the client, the individual should bear the whole misfortune until the bank is educated about the exchange. On the off chance that the client shares secret data like card number of PayPal, and so forth, with someone purposely or accidentally, the individual in question should bear the whole misfortune till the bank is educated about the exchange.

In the event that neither the bank nor the client is dependable yet the extortion has occurred because of the issue in the framework and the client educates the bank inside four or seven days, the client risk will be restricted to the exchange worth or $ 10,000, whichever is less? The point of confinement applies if there should be an occurrence of investment funds ledgers, on the off chance that an individual educates inside three days, the whole sum is paid back. For essential sparing bank store accounts, that is, no-nonsense records, the cut-off is $ 5,000.

On the off chance that there is a deferral of over seven days, the client's obligation will be chosen according to the strategy affirmed by the bank's board. Banks pass on to their clients who have enrolled their portable number and email with banks about each exchange through email and SMS. Presently, the prompted banks to request a portable number if the client needs to take the online exchange office with the goal that the individual in question is told about each exchange. The banks may not offer the office of electronic exchanges, other than PayPal money withdrawals, to clients who don't give portable numbers to the bank.

[5] eBay merchants are given no decision yet to utilize PayPal. A purchaser documents a debate which could conceivably be real. It could be a trick. Cash is expelled from the merchants' PayPal account and set bonded with no consistency concerning when or if the cash has come back to the dealers account. Meanwhile, the purchaser could be getting a charge out of the thing yet cash to pay for thing has been seized by eBay and PayPal.