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Posts: 224 | Thanked: 107 times | Joined on Aug 2009
#88
Sorry if there was some confussion, I didn't mean to imply that dormat was trying to rip people off, only saying that I'm not privy to people's thoughts.

Regarding whether the sale need be upheld, I think this is an issue of contract law. The relevant rule is that mistake is a defense to contract, but bad bargaining is not: http://en.wikipedia.org/wiki/Mistake_(contract_law). Expansys made a guess about what price they could get N900's at and they also insured 99% of their contracts with language that said "we reserve the right to change the price before we charge you." Dormant was the other 1% not covered by that rule since they forced him to pay early. Now Dormant gets to take advantage of his business savvy, it's no more dishonest than someone who sold oil futures at $150/barrel shortly before prices plumetted to $38.

From Dormant's description, both parties had to jump through several hoops to make this transaction, a reasonably prudent person would conclude that a mistake should have been caught somewhere along the way.

Dormant is on the right side of this thing ethically and legally.
 

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