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Personal injury to character from not performing obligation?

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kurasmag


Arresto Menor
Greetings,

Online stores are very popular nowadays because they are very convenient. As is said in most online stores' terms and conditions, reservations are considered sold and delivery of the item will be made after payment is made. People who fail to pay for what they have reserved are often put on a bogus buyer's photo album on a seller's site, where their name, address and other personal information are placed so that other sellers would be warned against these bogus buyers. What's worse is that once the person's photo is put up on the site, it is victim to a slew of harsh comments from other sellers, often centering around the bogus buyer's physical attributes and other insults and derogatory remarks. The seller also posts the buyer's so-called "excuses" as to why he was not able to pay.

My question is, can the bogus buyer, whose picture and personal information appears on the bogus buyer album, file a suit against the seller for defamation of character? If not, what action can be filed against the seller?

Are the seller's terms and conditions binding if the case goes to court, specially the part about all reservations are considered sold?

Assuming this person is me, what are my rights to protect myself, specially if I do have a legitimate reason as to why I was not able to pay for my reservation?

Thank you for taking the time to read my post.


Regards

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attyLLL


moderator
the proper charge against the person who included you in the album would be libel. it will be a criminal case.

for failure to purchase the item, you can be sued for damages he suffered from the lost profits. it will be a civil case.


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pinksoda


Arresto Menor
Follow-up question as regards the situation posted above, if an online buyer reserved an item online, is it considered sold? is that legal?

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pinksoda


Arresto Menor
attyLLL wrote:the proper charge against the person who included you in the album would be libel. it will be a criminal case.

for failure to purchase the item, you can be sued for damages he suffered from the lost profits. it will be a civil case.


3 Re: Personal injury to character from not performing obligation? Today at 3:44 am
pinksoda


Follow-up question as regards the situation posted above, if an online buyer reserved an item online, is it considered sold? is that legal?

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pinksoda


Arresto Menor
attyLLL wrote:the proper charge against the person who included you in the album would be libel. it will be a criminal case.

for failure to purchase the item, you can be sued for damages he suffered from the lost profits. it will be a civil case.



Follow-up question as regards the situation posted above, if an online buyer reserved an item online, is it considered sold? is that legal?

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