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Omega, an Indiana resident, sold a Porsche on eBay to the Attways, who were Idah

ID: 418953 • Letter: O

Question

Omega, an Indiana resident, sold a Porsche on eBay to the Attways, who were Idaho residents. The Attaways hired CarHop USA, a Washington auto transporter, to pick up the car. After taking delivery, the Attaways filed a claim wiht PayPal for a refund, claiming the Porsche was significantly not as described on Ebay. PayPal denied the refund. The Attaways then conviced MasterCard to rescind the payment. Omega then sued the Attaways in small claims court for $5,900. The Attaways defened by asserting, among other things, that the court lacked jurisdiction. Did It? Explain why?

I was not sure what subject to select, it for business law class.

Explanation / Answer

Although the case pertains to a single online purchase, there is a personal jurisdiction and it is in agreement with the traditional notion of fair play and substantial justice. When the buyers from one state were deciding to bid on the vehicle of another state, they must be aware that they will have to arrange for the pick up and pay for delivery in their home state. Since the buyers have purposefully entered into a sales contract with a resident of other state, taken the delivery and after moving to their home state and denied payment, it will be unfair and outside the bounds of substantial justice to make the dealer to bring the case to the buyer's state.

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