FS: 1948 Leaf Jackie Robinson PSA 4.5

[Johnny630]

Originally Posted by Peter_Spaeth

If Aj makes 28K off it and gets it off the market, why feel badly for him? Seems like a win win.

That would be great ! I was referencing if AJ is told by PSA to go back to whom you bought the card for said refund, then I would feel bad for him.

He took the risk bought the card at the time he should be able to reap the gain in its uptick at Sale.

[Republicaninmass]

Originally Posted by Johnny630

That would be great ! I was referencing if AJ is told by PSA to go back to whom you bought the card for said refund, then I would feel bad for him.

He took the risk bought the card at the time he should be able to reap the gain in its uptick at Sale.

I dont disagree, but in a court of law I dont believe the market going up os just cause for "damages".

[Peter_Spaeth]

Originally Posted by Republicaninmass

I dont disagree, but in a court of law I dont believe the market going up os just cause for "damages".

Read the guarantee. They promise to pay market value.

[Republicaninmass]

Originally Posted by Peter_Spaeth

Read the guarantee. They promise to pay market value.

Thanks Peter, but again curious if the market going up has an effect on one's damages in a court of law

[Peter_Spaeth]

Originally Posted by Republicaninmass

Thanks Peter, but again curious if the market going up has an effect on one's damages in a court of law

Ted it's too general a question. There are different types of contractual damages depending on lots of facts and circumstances including contract language, but yes, there are some where the measure of damages would include an "expectancy" -- in other words, the breaching party would have to not only make the innocent party whole but put them where they would have been had there been no breach which could include changed market conditions. Other situations might involve simply restitution, that is, restoring the amounts paid by the innocent party and returning them to where they were before the contract.

Here, though, the guarantee should control.

[Exhibitman]

And if it does not there is a pretty good body of law out there on consumer fraud, unfair trade practices, etc.

[Republicaninmass]

Originally Posted by Peter_Spaeth

Ted it's too general a question. There are different types of contractual damages depending on lots of facts and circumstances including contract language, but yes, there are some where the measure of damages would include an "expectancy" -- in other words, the breaching party would have to not only make the innocent party whole but put them where they would have been had there been no breach which could include changed market conditions. Other situations might involve simply restitution, that is, restoring the amounts paid by the innocent party and returning them to where they were before the contract.

Here, though, the guarantee should control.

Thanks Peter, I can see the position now. I just couldn't see a world where "damages" would exceed the price paid for the card! Clearly market value has increased dramatically on this particular card.

[Peter_Spaeth]

Originally Posted by Republicaninmass

Thanks Peter, I can see the position now. I just couldn't see a world where "damages" would exceed the price paid for the card! Clearly market value has increased dramatically on this particular card.

Expectancy damages, and consequential damages where allowed, typically exceed purchase price in a variety of situations. That doesn't seem at all unusual to me.

[Peter_Spaeth]

PSA should want this abomination off the market, and the only way to assure that is to deal with AJ. Of course PSA should want a lot of things they don't seem to want.