werner-16th-january-coverYou all know by now my views on some supposedly philatelic material I see being sold at aution. And, I know the “let the buyer beware” concept applies; the legal term is “caveat emptor” . This means the buyer could not recover from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed latent defects.

So there is no defect, and one could argue there is nothing that could render the item unfit for ordinary purposes. After all it is just an envelope.

But, there is another concept. That is “caveat venditor”, meaning, “let the seller beware”. It is a counter to caveat emptor. This forces the seller to take responsibility for the product, and discourages sellers from selling products of unreasonable quality.

OK so the seller is not selling anything of unreasonable quality, after all it is only an envelope. So lets all of us forget all about buyer or seller beware. Lets talk about another legal concept.

Misrepresentation. This is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract.

Argh!!! I hear you think, how can there be misrepresentation when in fact there is no description or statement of claim about the article. But, surely that is misrepresentation itself me thinks 🙂 when it comes to an auction item. Twisted minds eh!!! If you are buying at auction and the item is not clearly described you really don’t know what you are buying. If you think you know what you are buying, then “buyer beware”. If you think the item is something it is not then the seller is misrepresenting it, whether described or not, by not representing it. In fact, by not describing it and leaving it to you to make a determination the seller is not taking responsibility for what he or she is selling. Got it.

More fool the 3 bidders so far on this 🙂 What have they bid on? Look carefully. First correct answer to cddstamps@gmail.com will win a free – all postage paid by me – blank envelope on which you can create and print your own design and and stick whatever countries stamps you want and get postmarked with whatever dates you want to sell on your favourite auction site ha ha ha ha… I may actually include a free cover produced for an A380 inagural as well 🙂

Don’t you just love life and…….. philately of course … Michael

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