If so, could it be inferred that no-one is allowed to sell items to persons who don't meet the age requirement?
If not, could the fact that an ebayer was under 18 be enough for the defendant to win in a small claims court, in a situation where he has committed to buy goods, but refused to pay? (the goods have not been despatched to him)
2006-09-02 00:41:39 · 8 answers · asked by nicholasdshaw 1 in Politics & Government ➔ Law & Ethics
Just to add a bit more info, to answer the 1st response - it is eBay policy to dispatch goods only after you have received payment. The buyer in this instance has decided not to pay.
2006-09-02 00:44:35 · update #1
One further question - is an ebay contract between buyer and seller void if the buyer is under 18?
2006-09-02 00:46:46 · update #2
To respond to me's comment - I believe you can use a debit card on ebay, which is given to children as young as 12.
2006-09-02 00:48:35 · update #3
I am not positive, but I would say an auction is sort of like a contract. At a live auction you bid with a number, then pay at the end and pick up stuff, and I would say that by getting the number you commit yourself to the amount finally hit being the last bidder. Same idea on e-bay. That being said, minor cannot not be held to contracts they enter into, unless a parent or guardian 'co-signs', technically making the parent responsible for holding the minors end of the contract.
2006-09-02 00:46:42 · answer #1 · answered by girlnoladrea 3 · 0⤊ 0⤋
I do not think you would have any luck dealing with a minor,since in some states a person under 18 can not enter into a legally binding contract.
As a matter of fact in the state I live in if a person enters into a legally binding contract with a minor, and knows that person was a minor the person that entered into the contract can get into some deep water. BUT you might want to think about taking this kids parents to court because they are responsible for his actions.
What are your losses and how much damage could you actually claim? To file in my state is 100.00 plus a 75.00 server fee. Are they in the same state as you? Would you have travel expenses? I doubt you will have any luck with compensatory damages.
Since you have not sent out the goods, I don't know if small claims would do you any good. That's a hard call.
Good Luck I know that it is frustrating.
2006-09-02 08:18:46 · answer #2 · answered by GoneByDawn 4 · 0⤊ 0⤋
Only persons from 18 or over can legally participate in an auction because under the civil law minors cannot enter into a contract.
2006-09-02 07:44:22 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Well its illegal to take part in an auction under 18. And if some under 18 commits to buy, the contract is VOID.
2006-09-02 08:16:21 · answer #4 · answered by Mr curious 3 · 0⤊ 0⤋
Well you need a credit card to be on eBay so you should be over 18 really as you need to be that age to have a card I think.
2006-09-02 07:47:42 · answer #5 · answered by Emily 3 · 0⤊ 0⤋
is it really worth pursuing,i think not,let it go and get on with your life,under 18's are not allowed to have an account with ebay,so your grime should be with ebay anyway.
2006-09-02 07:53:23 · answer #6 · answered by ♥Scottish♥Ƹ̵̡Ӝ̵̨̄Ʒ♥Fairy♥ 7 · 0⤊ 0⤋
let it go and get on with your life
2006-09-02 07:48:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
did you sell something and not send it ??
2006-09-02 07:43:07 · answer #8 · answered by mannit m 4 · 0⤊ 0⤋