[BC] FIM 41 on eBay...

Douglas B. Pritchett dpritchett1
Thu May 26 12:24:15 CDT 2005


Further, one might consider charging the "seller" with receiving stolen 
merchandise. But before you say he never had it, consider the legal 
doctrine of "constructive" possession. The prosecutor has to prove 
"control" and "intent".  But then the defense attorney would argue that the 
"seller" is merely an "agent" and can't be held responsible for the 
unlawful actions of the person who hired him.
Maybe if the authorities "leaned" on ebay regarding one of their members 
handling stolen goods, that might have an effect.

As for forcing the "seller" to perform, that could cost much more that the 
price of the item.


Douglas B. Pritchett
dpritchett1 at comcast.net

At 07:51 AM 5/26/2005 -0500, Phil Alexander wrote:

>It looks like the FIM was quickly withdrawn and relisted at a much less
>attractive price. Hmmmm ... I wonder if you could force the "seller" to
>make good on the deal if you agreed to pay the asking price? Doubtful.
>
>Phil Alexander, CSRE, AMD
>Broadcast Engineering Services and Technology
>(a Div. of Advanced Parts Corporation)
>Ph. (317) 335-2065   FAX (317) 335-9037
>
>


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