donsrods
Well-known member
Today I was watching TV and one show was Judge Hatchett. The case before her was pretty interesting because it involved a guy trying to do a favor for a friend and in the end the friend sued him (and won!)
Long story short. Plaintiff is an Elvis impersonator professionally. His Mom gave him a diamond Elvis type ring for a gift and he decided to sell it after about 12 years because he got in financial trouble. He asked his friend to sell it for him on Ebay because he didn't know how Ebay worked and his friend has sold stuff there before. His friend was going to make NO money on the deal, just doing it to help out his buddy.
Item got listed on Ebay and a guy emails the friend offering to buy it now if he will end the auction. Buyer says he is setting up an escrow fund through a known escrow company and the funds would be there immediately. Escrow company confirms they have the guys credit card payment, so friend ships out the ring overnight as requested. He then finds out the buyer has scammed 13 other people same way and there is no escrow company and no money.
So, Elvis impersonator sues his good buddy because he "should have known better." Bad part is, he wins because the law says the friend took the ring as a gratuitous bailment which makes him responsible. The friend wasn't looking to make a dime, simply help his friend out.
Reason I mention this whole thing is that some of us have done similar things. I have sold some stuff for friends on Ebay, even a boat or two. To think that I could have ended up liable if something went wrong is scary. I think same would hold true if we allowed a friend to keep a car or something on our property as a favor. If it ended up missing we could be on the hook for it.
We all like to do favors for our close friends, but I'm afraid I'll think twice the next time. Oh, by the way, Elvis and the friend had been friends for 30 years!
Don
Long story short. Plaintiff is an Elvis impersonator professionally. His Mom gave him a diamond Elvis type ring for a gift and he decided to sell it after about 12 years because he got in financial trouble. He asked his friend to sell it for him on Ebay because he didn't know how Ebay worked and his friend has sold stuff there before. His friend was going to make NO money on the deal, just doing it to help out his buddy.
Item got listed on Ebay and a guy emails the friend offering to buy it now if he will end the auction. Buyer says he is setting up an escrow fund through a known escrow company and the funds would be there immediately. Escrow company confirms they have the guys credit card payment, so friend ships out the ring overnight as requested. He then finds out the buyer has scammed 13 other people same way and there is no escrow company and no money.
So, Elvis impersonator sues his good buddy because he "should have known better." Bad part is, he wins because the law says the friend took the ring as a gratuitous bailment which makes him responsible. The friend wasn't looking to make a dime, simply help his friend out.
Reason I mention this whole thing is that some of us have done similar things. I have sold some stuff for friends on Ebay, even a boat or two. To think that I could have ended up liable if something went wrong is scary. I think same would hold true if we allowed a friend to keep a car or something on our property as a favor. If it ended up missing we could be on the hook for it.
We all like to do favors for our close friends, but I'm afraid I'll think twice the next time. Oh, by the way, Elvis and the friend had been friends for 30 years!
Don