The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools
Old January 3, 2013, 12:44 AM   #26
Doc Intrepid
Senior Member
 
Join Date: May 22, 2009
Location: Washington State
Posts: 835
The truth of the matter is that it's quite likely that by June or July, once the panic passes and prices drop back towards where they were last June or July, Dicks will be wanting to sell guns to customers.



If there is any cosmic justice, there will be a whole lot fewer buyers who buy guns from Dicks in the years to come.

Some folks have long memories.



__________________
Treat everyone you meet with dignity and respect....but have a plan to kill them just in case.
Doc Intrepid is offline  
Old January 4, 2013, 12:47 AM   #27
KyJim
Senior Member
 
Join Date: July 26, 2005
Location: The Bluegrass
Posts: 7,664
The issue of damages on a contract for the sale of goods like firearms is governed by the Uniform Commercial Code. Damages for breach of contract for services is generally governed by common law.

Article 2-713 basically provides that if a seller wrongfully fails to deliver, the seller is liable for the difference in market price and contract price plus incidental and consequential damages:
Quote:
(a) the measure of damages in the case of wrongful failure to deliver by the seller or rightful rejection or justifiable revocation of acceptance by the buyer is the difference between the market price at the time for tender under the contract and the contract price together with any incidental or consequential damages under Section 2-715, but less expenses saved in consequence of the seller's breach;
http://www.law.cornell.edu/ucc/2/article2.htm#s2-713. Please note that "wrongful" here does not mean ill-will or malice, only that the seller was not legally justified. Making a bad bargain is not legal justification for breaching a contract.

Incidental damages includes things like additional shipping cots incurred, etc. Consequential losses are those suffered by the buyer which the seller had reason to know about when the contract was formed. http://www.law.cornell.edu/ucc/2/article2.htm#s2-715. There is no limit on consequential damages, though I can't see there being any here (the 10% limit would have to be set by contract and is usually referred to as liquidated damages).

Class action lawsuits can be a tremendous benefit to consumers and others who have not suffered a loss large enough to justify individual litigation. To qualify for class action status, there must be common questions of law and/or fact. Damages should ideally be the same or should be capable of ready calculation. Lawyers often stretch class actions to handle problems which were never originally intended to be litigated as class actions, IMO.

Without benefit of reading the terms of sale, I would think a class action would likely be successful against Dick's.
__________________
Jim's Rules of Carry: 1. Any gun is better than no gun. 2. A gun that is reliable is better than a gun that is not. 3. A hole in the right place is better than a hole in the wrong place. 4. A bigger hole is a better hole.
KyJim is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 08:40 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.05845 seconds with 9 queries