breadbot - Slashdot User

In Australia, An Ebay Sale is a Sale 267

Posted by Zonk on Friday August 03, 2007 @10:53AM from the almost-by-definition dept.

syousef writes "An eBay sale is a sale says an Australian New South Wales State Judge in a case where a man tried to reneg on the Ebay sale of a 1946 World War II Wirraway aircraft. The seller tried to weasel out of the deal because he'd received a separate offer $100,000 greater than the Ebay sale price. The buyer who had bid the reserve price of $150,000 at the last minute took him to court. 'It follows that, in my view, a binding contract was formed between the plaintiff and the defendant and that it should be specifically enforced,' Justice Rein said in his decision." I haven't found anything like this in previous discussions; have there been similar decisions like this handed down in the US, Canada, or Europe?

Submission + - Windows XP Service Pack 3

Submitted by

epsi

on Friday August 03, 2007 @05:22AM

epsi writes: "Windows XP SP 3 probably in 2008 — MS had a Roadmap in his recent Partner-Mag — and there was mentioned that a Service Pack 3 for Windows XP will be available in 2008..propably not the end of XP now? ;)"

Submission + - New FingerprintingTechnique to Reveal Race and Sex (telegraph.co.uk) 1

Submitted by

Tech.Luver

on Friday August 03, 2007 @05:07AM

Tech.Luver writes: "Telegraph reports, " A new fingerprinting technique that can identify the race and sex, and possibly the diet of suspects has been developed. Scientists have shown that using a gelatine-based gel and high-tech chemical analysis can provide significant clues to a person?s identity even if police do not hold existing fingerprint records. ""

Submission + - Supreme Court rules Ebay sale binding. (smh.com.au)

Submitted by Slurpee on Friday August 03, 2007 @02:08AM

Slurpee writes: The NSW Supreme court has ruled that making an offer of sale on Ebay is legally binding. In other words — you can't change your mind. In a case that reached the NSW Supreme Court, Peter Smythe sued Vin Thomas after he changed his mind on the sale of a 1946 World War II Wirraway plane after the eBay auction had ended. "It follows that, in my view, a binding contract was formed between the plaintiff and the defendent and that it should be specifically enforced," Justice Rein said in his decision. The judgment sets a precedent for future cases and means eBay sales could now be legally binding (At least in Australia).

Submission + - Ruling by Secret US Court Allegedly Reduces Spying

Submitted by conspirator57 on Friday August 03, 2007 @01:20AM

conspirator57 writes: TFA http://www.latimes.com/news/nationworld/nation/la- na-spying2aug02,0,5813563.story?coll=la-home-cente r states that the US Foreign Intelligence Surveillance Court (a court that no citizen can establish standing to appear before) has ruled against Executive requests for so-called "basket warrants" as violating the 4th amendment to the Constitution, namely that such warrants do not meet the clearly expressed criteria in the second half of the amendment. To accomplish this they must have looked startlingly like British general warrants which were the original motivation for the 4th amendment. http://en.wikipedia.org/wiki/Warrant_(law) for more.

TFA is very sympathetic to the Executive branch, going on to depict ways in which we're all less safe because of this ruling. Personally, I feel safer with more rulings like this one. Just wish the process were a bit more transparent.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

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