E90Post
 


GetBMWParts
 
BMW 3-Series (E90 E92) Forum > E90/E92/E93 Marketplace (For Sale / Trade / Wanted) > Vendor Comments/Review/Feedback Forum > Let down by Longtran



Closed Thread
 
Thread Tools Search this Thread
      11-18-2008, 03:33 PM   #243
Vickyy
Colonel
 
Drives: 2006 AW 325i
Join Date: Dec 2005
Location: walnut, CA

Posts: 2,385
iTrader: (1)

Garage List
2006 325i  [0.00]
Send a message via AIM to Vickyy
Quote:
Originally Posted by AoshichanX View Post
Consider Plaintiff-UdubBadger and Defendant-Longtran. Used what little facts are given regarding the issues. Facts in disagreement are prefaced with "allegedly".

Torts
Plaintiff Claims
Product Liability. Manufacturers and sellers of defective products that injure person or property. No injury to person or property. No case.
Vicarious Liability. Defendant may jointly be liable for the actions of another. Under the theory of Respondeat Superior, employers are held liable for actions of employees within the scope of their employment. Drew is not an employee, but more of an independent contractor; he was independently contracted by Long for a one-time sale of goods to UdubBadger. However, those who hire independent contractors may also be held liable if they closely supervise the contractor's day-to-day activities. Prima facie case.
General Negligence. Defendant owed a duty of due care as a reasonably prudent person. Here, Defendant, through an independent contractor, sold trim to Plaintiff which turned out to be poor fitment. Could Defendant have reasonably foreseen that the fitment fit poorly? The trim has been known to fit perfectly on other vehicles. It can be argued Defendant could not have reasonably foreseen, as a reasonably prudent person, that the product was defective. Claim unlikely.

Defendant's Defense
Contributory Negligence. Plaintiff allegedly breached a duty owed to himself. Plaintiff owed a duty of due care to himself in removing the trim cracked the trime.


Contracts - Remedies
Promissory Estoppel
Even if there is no written contract, but an oral promise was made with offer and acceptance, and the Plaintiff substantially relied on the promise to his detriment, the plaintiff can recover costs incurred through reliance on the promise.
Expectancy Interests
Market value less contract price. UdubBadger could not recover damages since UdubBadger purchased trim at a bargain price and any expectancy interests would unjustly enrich UdubBadger.
Restitution Interest
By theory of quantum meruit, Longtran, in giving adequate consideration by putting out of pocket overnight shipping expenses for UdubBadger, allowed for UdubBadger's unjust enrichment. UdubBadger consequently owes costs incurred by Longtran.

I gave you the rules, I am sure you guys can figure out who is at fault.
Vickyy is offline   Taiwan
0
      11-18-2008, 03:35 PM   #244
l4wr3nc3
The Law.
 
l4wr3nc3's Avatar
 
Drives: BMW
Join Date: Apr 2005
Location: Rowland Heights, CA

Posts: 14,281
iTrader: (17)

Send a message via AIM to l4wr3nc3
Quote:
Originally Posted by AoshichanX View Post
Consider Plaintiff-UdubBadger and Defendant-Longtran. Used what little facts are given regarding the issues. Facts in disagreement are prefaced with "allegedly"........
Miss you buddy.

Yes homo.
__________________

2008 Lotus Exige S240 | 2007 BMW 335i
l4wr3nc3 is offline   Taiwan
0
      11-18-2008, 03:36 PM   #245
Minipuck V 2.0
秘書負責保持它真正
 
Drives: 快車
Join Date: Jun 2006
Location: 在您的母親上面

Posts: 24,955
iTrader: (1)

Quote:
Originally Posted by UdubBadger View Post
how would I be "unjustly enriched" if I am just getting the money back that I paid in the 1st place? I already asked to be refunded the price of the 1 piece but they didn't want to be reimbursed by Drew/Long... I also don't see why they would refund me the price of the piece instead of just giving me a new one to pass along to the person who has the trim now.

I paid $500 for the set, if they can't deliver a new piece like I was promised then I think I'm entitled to return the entire set for the price I paid for it.

Also, nobody can prove I cracked the trim. The person who shipped it from the shipping center saw it and it was in perfect cosmetic condition.
then why don't you go after the shipping company to replace the part instead of drew and long? cause obviously, this person you sold the trim too doesn't care that the trim doesn't fit ... she just wants a new piece ...

i mean, its u said u package it correctly, pulled it off carefully, and it was perfect when you shipped it ... then it got damaged when it got in long's hands and you want him to replace the piece or get a new one?

catch my logic and drift here? you are going after the wrong party ...

and talking about nobody can prove u cracked it, well as of right now, no one can prove that maybe the piece does fit and maybe you just don't know how to install shiet correctly? u understanding all of this u said, he said bullcrap?
Minipuck V 2.0 is offline   No_Country
0
      11-18-2008, 03:38 PM   #246
UdubBadger
Banned
 
Drives: '04 330i ZHP
Join Date: Dec 2007
Location: Chicago Burbs

Posts: 24,716
iTrader: (22)

Garage List
2004 BMW 330i ZHP  [4.75]
2011 135i  [3.73]
2008 328xi  [4.38]
Quote:
Originally Posted by AoshichanX View Post
Contracts - Remedies
Promissory Estoppel
Even if there is no written contract, but an oral promise was made with offer and acceptance, and the Plaintiff substantially relied on the promise to his detriment, the plaintiff can recover costs incurred through reliance on the promise.
Expectancy Interests
Market value less contract price. UdubBadger could not recover damages since UdubBadger purchased trim at a bargain price and any expectancy interests would unjustly enrich UdubBadger.
Restitution Interest
By theory of quantum meruit, Longtran, in giving adequate consideration by putting out of pocket overnight shipping expenses for UdubBadger, allowed for UdubBadger's unjust enrichment. UdubBadger consequently owes costs incurred by Longtran.

I gave you the rules, I am sure you guys can figure out who is at fault.
longtran did not 1. ask me for shipping money. 2. i didn't ask him to pay for overnight shipping (i've gone over this 3 or 4 times now) and 3. I also offered to pay him back the $33 for shipping if he was willing to make good on his word of replacing the poor fitting trim piece... he didn't answer to any of these things.
UdubBadger is offline   No_Country
0
      11-18-2008, 03:45 PM   #247
UdubBadger
Banned
 
Drives: '04 330i ZHP
Join Date: Dec 2007
Location: Chicago Burbs

Posts: 24,716
iTrader: (22)

Garage List
2004 BMW 330i ZHP  [4.75]
2011 135i  [3.73]
2008 328xi  [4.38]
Quote:
Originally Posted by Minipuck V 2.0 View Post
then why don't you go after the shipping company to replace the part instead of drew and long? cause obviously, this person you sold the trim too doesn't care that the trim doesn't fit ... she just wants a new piece ...

i mean, its u said u package it correctly, pulled it off carefully, and it was perfect when you shipped it ... then it got damaged when it got in long's hands and you want him to replace the piece or get a new one?

catch my logic and drift here? you are going after the wrong party ...

and talking about nobody can prove u cracked it, well as of right now, no one can prove that maybe the piece does fit and maybe you just don't know how to install shiet correctly? u understanding all of this u said, he said bullcrap?
again, already went over this before... FedEx would not let me file a claim because of the time frame that all of this took. From the minute I send out the trim, I have a certain amount of time to file a claim and if its not filed, then the package is out of their system for too long and they will not accept any claims on any damaged goods. I went back and forth with Long for several weeks. and due to his wedding, he was not able to test fit the product until over a month later than I sent it. Even when he "tested" it he said it didn't work properly and pmed me saying:

"just to let you know that i have tested the part. 1 problem is my cf leather trim does not have the removeable pins like the cf trim and aluminum trim."

so he didn't even test it properly to see that it didn't fit. he didn't instead go to drew or 1 of 1000 people he probably knows and has done many favors for and try to test it on a regular e90 (non-m).
UdubBadger is offline   No_Country
0
      11-18-2008, 04:14 PM   #248
addy85
Got beef?
 
addy85's Avatar
 
Drives: E90 335i
Join Date: Oct 2007
Location: Arlington Texas

Posts: 3,646
iTrader: (4)

Garage List
2007 335i  [0.00]
Quote:
Originally Posted by Strife 335I 2008 View Post


I just find this kinda funny, how he resold the product that was supposedly damaged or didnt fit...

Can this thread end already
ya this needs to be closed, the socal gangstas are annoying now
__________________

Special Thanks to AU335
addy85 is offline   United_States
0
Closed Thread

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -5. The time now is 07:07 PM.




e90post
Powered by vBulletin® Version 3.7.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST