Comments on: The one with all the litigation http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation Sat, 28 Nov 2009 00:36:35 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Paul Webb http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation/comment-page-1#comment-119859 Paul Webb Fri, 25 Apr 2008 17:42:39 +0000 http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation#comment-119859 If you really want to know how to handle an overly litigious person the case of Arkell v. Pressdram provides excellent precedent: http://en.allexperts.com/e/a/ar/arkell_v._pressdram.htm If you really want to know how to handle an overly litigious person the case of Arkell v. Pressdram provides excellent precedent:

http://en.allexperts.com/e/a/ar/arkell_v._pressdram.htm

]]> By: Chris http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation/comment-page-1#comment-119856 Chris Fri, 25 Apr 2008 09:45:39 +0000 http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation#comment-119856 I think that if the seller *knew* the car was knackered, but sold it to you as though it was OK, you could sue and get some of your money back. It's called withholding material facts. Whether it's worth the heartache or not is another matter. Ultimately though your Mum is right (d'oh!) Caveat Emptor - it's up to you to be sure that what you're buying is worth what you're paying for it. Only if the seller misled you or lied do you have any redress. If they genuinely didn't know the car was knackered then it's just your bad luck that it conked out just after you bought it. Shame. It's different if you buy from a company - they have to ensure the item is accurately described and the onus is on the seller to know the condition of what they are selling. Then if they describe it as 'good condition' say, and it turns out to be in 'crap condition' you are entitled to a refund. I think that if the seller *knew* the car was knackered, but sold it to you as though it was OK, you could sue and get some of your money back. It’s called withholding material facts. Whether it’s worth the heartache or not is another matter. Ultimately though your Mum is right (d’oh!) Caveat Emptor – it’s up to you to be sure that what you’re buying is worth what you’re paying for it. Only if the seller misled you or lied do you have any redress. If they genuinely didn’t know the car was knackered then it’s just your bad luck that it conked out just after you bought it. Shame. It’s different if you buy from a company – they have to ensure the item is accurately described and the onus is on the seller to know the condition of what they are selling. Then if they describe it as ‘good condition’ say, and it turns out to be in ‘crap condition’ you are entitled to a refund.

]]> By: Richard http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation/comment-page-1#comment-119847 Richard Wed, 23 Apr 2008 20:53:10 +0000 http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation#comment-119847 Some people are nice and some people are arses. It's just a bit of bad luck that you bought your car off one of the latter. Some people are nice and some people are arses. It’s just a bit of bad luck that you bought your car off one of the latter.

]]> By: Lowcountry Blogs » Financial Posting http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation/comment-page-1#comment-119844 Lowcountry Blogs » Financial Posting Tue, 22 Apr 2008 21:37:25 +0000 http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation#comment-119844 [...] Geoff is dealing with cars and lawyers: Back at the end of March, I bought a car here. A cheap ($2500) Ford Taurus which had high mileage on it, but I figured would last me a few months to get me around Charleston. My circumstances changed recently, meaning that a bike would no longer suffice and I had to morph a tiny step further to become proper-American-like by getting a four wheeled device instead. [...] [...] Geoff is dealing with cars and lawyers: Back at the end of March, I bought a car here. A cheap ($2500) Ford Taurus which had high mileage on it, but I figured would last me a few months to get me around Charleston. My circumstances changed recently, meaning that a bike would no longer suffice and I had to morph a tiny step further to become proper-American-like by getting a four wheeled device instead. [...]

]]> By: Mum http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation/comment-page-1#comment-119843 Mum Tue, 22 Apr 2008 18:49:26 +0000 http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation#comment-119843 I think you should have counter-sued the seller for selling a rubbish car. I'm sure in England there's some law that allows you to get redress if they sell you a duff motor. Having said that, you have just learned one of life's greatest experiences:- 'If it seems to good be too true, then it probably is', and the old latin saying 'Caveat Emptor'.If you bump into this person, will you say something? Could you you tell loads of people so they get embarrassed? I think you should have counter-sued the seller for selling a rubbish car. I’m sure in England there’s some law that allows you to get redress if they sell you a duff motor. Having said that, you have just learned one of life’s greatest experiences:- ‘If it seems to good be too true, then it probably is’, and the old latin saying ‘Caveat Emptor’.If you bump into this person, will you say something? Could you you tell loads of people so they get embarrassed?

]]> By: Lucia http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation/comment-page-1#comment-119841 Lucia Mon, 21 Apr 2008 23:57:33 +0000 http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation#comment-119841 As Bill Bryson once put it: "Americans, as is well known will sue at the drop of a hat. in fact, i daresay someone somewhere has sued over a dropped hat and won $20 million for the pain and suffering it caused" As Bill Bryson once put it:

“Americans, as is well known will sue at the drop of a hat. in fact, i daresay someone somewhere has sued over a dropped hat and won $20 million for the pain and suffering it caused”

]]> By: geofftech http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation/comment-page-1#comment-119840 geofftech Mon, 21 Apr 2008 22:37:44 +0000 http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation#comment-119840 And i've just been told that it's <em>not </em>'The one with the tea leaves', it is in fact 'The one with Rachel's inadvertent kiss'. dammit. and i thought i was a friends geek. <blockquote> Rachel: Now you're probably going to hire one of the people who did not ah, (She puts her hands on his desk blotter and he moves it. Rachel then doesn't know where to put her hands.) who did, who did not umm, yell at you and storm out, and I think that's a big mistake and here's why. I made a huge fool of myself and I came back, that shows courage. When I thought you wanted sex in exchange for this job, I said no. That shows integrity. And, I was not afraid to stand up for myself and that shows courage. (Suddenly realizes that she said courage twice.) Okay umm, now I know I already said courage, but y'know you gotta have courage. And umm, and finally when I thought you were making sexual advances in the workplace, I said no and I was not litigious. So there you go, you got, you got (counts them off with her fingers) courage, you got integrity, you got (Pause) courage again, and not litigious. Look Mr... </blockquote> And i’ve just been told that it’s not ‘The one with the tea leaves’, it is in fact ‘The one with Rachel’s inadvertent kiss’. dammit. and i thought i was a friends geek.

Rachel: Now you’re probably going to hire one of the people who did not ah,
(She puts her hands on his desk blotter and he moves it. Rachel
then doesn’t know where to put her hands.) who did, who did not
umm, yell at you and storm out, and I think that’s a big mistake
and here’s why. I made a huge fool of myself and I came back, that
shows courage. When I thought you wanted sex in exchange for this
job, I said no. That shows integrity. And, I was not afraid to
stand up for myself and that shows courage. (Suddenly realizes
that she said courage twice.) Okay umm, now I know I already said
courage, but y’know you gotta have courage. And umm, and finally
when I thought you were making sexual advances in the workplace,
I said no and I was not litigious. So there you go, you got, you
got (counts them off with her fingers) courage, you got integrity,
you got (Pause) courage again, and not litigious. Look Mr…

]]> By: geofftech http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation/comment-page-1#comment-119839 geofftech Mon, 21 Apr 2008 14:53:55 +0000 http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation#comment-119839 i should point out that this person wasn't a complete stranger to me - friend of a friend sort of thing. so you'd expect more. and there wasn't even an 'Oh my gosh, how embarrassing i'm sorry' kind of email response --nope! it was straight to the the lawyer. which is a very sad indictment on the state of the society here, and the reason why the USA is labeled with that stereotype. i should point out that this person wasn’t a complete stranger to me – friend of a friend sort of thing. so you’d expect more.

and there wasn’t even an ‘Oh my gosh, how embarrassing i’m sorry’ kind of email response –nope! it was straight to the the lawyer. which is a very sad indictment on the state of the society here, and the reason why the USA is labeled with that stereotype.

]]> By: julia http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation/comment-page-1#comment-119837 julia Mon, 21 Apr 2008 09:13:51 +0000 http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation#comment-119837 Look on the brightside. They probably had to spend even more of your $2500 to get their lawyer to write to you. Look on the brightside. They probably had to spend even more of your $2500 to get their lawyer to write to you.

]]> By: joan http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation/comment-page-1#comment-119835 joan Mon, 21 Apr 2008 04:07:07 +0000 http://www.geofftech.co.uk/iblog/2008/04/20/the-one-with-all-the-litigation#comment-119835 I can't agree with your thinking here. Isn't getting a cheap car part of the accepted risk in buying a high mileage used car? You get it for less because odds are it is more likely to break down. Everyone knows that and hopes they are lucky. Buying from an individual rather than a company means accepting the risk of not having a guarantee. Those are both things we are willing to do when we need a quick, cheap vehicle. I've done it and then been told I needed to put $3,000 into a car the seller believed was running well. I was stunned but didn't consider blaming him. I never told him since he sold it in good faith. I'm a nice person but when I sell something I consider it sold. Unless he deliberately hid something I would think it was very unfortunate but not the seller's responsibility and I would be a bit shocked that a buyer would think I should still be responsible for bad luck. Big car companies can pull off guarantees but not individuals. Different way of looking at things but if people felt the way you describe, how could we feel safe selling anything used without lawyers to protect the seller? You should buy your next car from a dealer. Meanwhile - sorry for your bad luck. It sucks. I've been there. I can’t agree with your thinking here.

Isn’t getting a cheap car part of the accepted risk in buying a high mileage used car? You get it for less because odds are it is more likely to break down. Everyone knows that and hopes they are lucky.

Buying from an individual rather than a company means accepting the risk of not having a guarantee. Those are both things we are willing to do when we need a quick, cheap vehicle. I’ve done it and then been told I needed to put $3,000 into a car the seller believed was running well. I was stunned but didn’t consider blaming him. I never told him since he sold it in good faith.

I’m a nice person but when I sell something I consider it sold. Unless he deliberately hid something I would think it was very unfortunate but not the seller’s responsibility and I would be a bit shocked that a buyer would think I should still be responsible for bad luck. Big car companies can pull off guarantees but not individuals.

Different way of looking at things but if people felt the way you describe, how could we feel safe selling anything used without lawyers to protect the seller? You should buy your next car from a dealer.

Meanwhile – sorry for your bad luck. It sucks. I’ve been there.

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