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Subject: Re: laws are not similar

Author: Matthew White

Date: 19:32:13 06/18/03

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On June 18, 2003 at 21:33:23, Matthew White wrote:

>On June 18, 2003 at 18:54:04, Mr j smith wrote:
>
>>On June 18, 2003 at 18:02:23, Joachim Rang wrote:
>>
>>>On June 18, 2003 at 14:04:21, Mr j smith wrote:
>>>
>>>>On June 18, 2003 at 13:05:13, Joachim Rang wrote:
>>>>
>>>>>On June 18, 2003 at 12:50:24, Mr j smith wrote:
>>>>>
>>>>>>For those who continue to insist that Chessbase has wronged them by not
>>>>>>including 2 free engines with their purchase of Junior 8, in the face of the
>>>>>>plain meaning of the advertisments (which clearly state that only Deep Junior
>>>>>>purchasers receive the 2 free engines ), in contrast to the ambiguous cd covers,
>>>>>>and example from the real world may help show why your whining will fail to
>>>>>>bring you satisfaction.
>>>>>>
>>>>>>Suppose that a franchise holder of Mercedes Benz automobiles places an ad in
>>>>>>various newspapers and by accident the people in charge of the advertising copy
>>>>>>switch prices and certain details of a Mercedes Benz with a plain old Ford
>>>>>>sedan.  In my example instead of selling for $50,000 the Benz was advertised for
>>>>>>$10,000.
>>>>>
>>>>>This is a different case.
>>>>
>>>>No it isnt a different case.  Its the same logic.
>>>>
>>>>
>>>
>>>I'm afraid not. I'm not a lawyer but I had a course in civil law in the
>>>university and there is a big difference between these two cases. the difference
>>>is mainly due to the fact that in one case you already purchased the product,
>>>which gives you certain rights in your example you didn't yet purchased the
>>>product which gives you not such rights. I could quote for you the paragraphs of
>>>the german civil law - but I think you are not interested. I'm pretty sure that
>>>in America these laws are similiar.
>>>
>>>
>>>
>>>>
>>>>
>>>>
>>>> An error in an ad, don't give you the right to make a
>>>>>purchase based on that error. If you already bought a product and it lacks
>>>>>certain assured characteristics (due to an error in the ad for example) you have
>>>>>the right to demand either a fix or a compensation.
>>>>>
>>>>>>
>>>>>>Do you think it would be both fair and legal for Mercedes Benz to honor such a
>>>>>>mistake?  Of course not.  There is no court in the United States that would
>>>>>>honor such an obvious mistake, and in the United States, there is the UCC
>>>>>>(Uniform Commercial Code) which deals with such issues.
>>>>>>
>>>>>>From the examples of advertised print that I have seen it would seem that there
>>>>>>was a mistake on the part of the advertisement department of Chessbase, which
>>>>>>Chessbase almost immediately rectified.  The mistake however is only
>>>>>>superficial; the CD cover.  A careful reading of all the ad copy clearly states
>>>>>>that only Deep Junior 8 was offering 2 free engines, not Junior8.
>>>>
>>>>No,
>>
>>
>>Germany and most of Europe has laws based on the Roman civil code.  In America,
>>our laws are based upon the English Common law.
>>
>>As I have stated, from what I have seen, it seems that Chessbase doesnt have to
>>provide free engines since its ads clearly state that the engines are included
>>with Deep Junior only.
>
>You are simply wrong here. Its previous ads clearly stated that two engines
>would be included. You keep calling them free engines, however, the customers
>are paying for them... Many customers bought Junior 8 expecting to receive the
>engine that gave Kasparov a hard time in the match. That is not what they got.
>Also, you keep mentioning that Deep Junior purchasers will receive two engines
>according to the ads... In reality, they receive 3 engines.

^Fixing my typo above



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