Quote:
Originally Posted by rockstar93
Ethically, perhaps - but was the seller legally responsible (not challenging you, but asking as I'm no expert and am now curious).
It would seem to me that they aren't, as this occurred after the sales contract was finalized and agreed to and a result of the buyer. If the buyer requested a portable heater be plugged into the car during transit so it arrived nice and toasty for him, but it burned the seat as a result - would both parties be on the hook for half?
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Contracts law in most states recognizes that while the intent is for the agreement to be executed perfectly as written, unforeseen circumstances may occur that prevent it. Force majeure (acts of God) are the most prominent example, and most case law takes from that in discouraging either party from taking advantage of unforeseen circumstances to try to maximize their gain. As the party that's technically in the right you may not be happy about having to give something up to complete execution of the agreement, but that's what case law encourages. Small claims statutes in particular emphasize this with the intent being the court system isn't clogged with petty (low $ value) disputes. A really high quality respray on a Z4 bumper cover is less than $500, and this is exactly the kind of dispute the statutes encourage being settled privately.