Legality of eBay's Online Auctions: A Case Analysis

This article analyzes the legality of eBay's online auctions and whether they form a legally binding contract. It discusses the key elements required to form a contract and provides a case analysis of the NSW Supreme Court's view on the matter. The article concludes that eBay auctions are a legally binding contract enforceable by the court.

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Case Analysis on eBay

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In today’s digital era, the use of online contracts has increased with the popularity of
e-commerce companies across the globe. In the e-commerce industry, eBay is a popular
website which allows its users to make a bid on the products which are auctioned on the
site. Many times, questions arise on the fact regarding whether the online auction bids on
eBay are a legally binding contract which binds its parties into a valid contract. In order to
answer this question, it is important to understand the process of eBay’s online auction. The
website provides an electronic meeting place to sellers and potential buyers to make a
transaction (Lin, Cheng, Wang & Chang, 2012). The process on the website allows the sellers
to display the items which they wanted to sale. The buyers are allowed to place competing
bids to purchase the specific items. After the beginning of a bid, the potential buyer places a
bid on the item which represents the buyer’s interest to form a binding contract to buy.
However, acceptance is not considered as valid unless it represents the final bid of the
auction. Therefore, the individual bids which are submitted during an online auction on eBay
are considered as counter-offers based on which no agreement forms between parties due
to lack of consideration and acceptance (Du, Yu, Fang & Wang, 2012). Thus, an individual bid
which is not the final bid did not form a legal contract that is enforceable by the law.
There are three key elements which must be fulfilled to form a contract which
includes offer, acceptance and consideration. In the case of eBay’s online auctions, the
highest bidder is considered as the winner, unless the seller has imposed any reserve price,
which means that the acceptance of the seller is given for the sale. The offer made by the
potential buyer through the online auction represents an offer which is accepted when the
highest bid is made on the product. After making payment of the consideration which is
referred to the bid amount of the potential buyer, a contract is formed between the parties
based on which its terms are enforceable by the law. In Australia, the NSW Supreme Court
provided in the case of Smythe v Thomas [2007] NSWSC 844 that the bids made on eBay are
considered as legally binding. The terms and conditions of eBay provide that the seller must
sell the listed item to the higher bidder at the end of the auction. Based on this judgement,
a contractual obligation was imposed on Thomas to sell the plane for $150,000 to Smythe in
this case. This case highlights the view of the courts in the United States regarding the
legality of eBay’s online auctions (Riefa, 2016). A valid offer is made through the bid of the
potential buyer, and a valid acceptance is received if the buyer has made highest bid on the

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item. The bid amount is referred as the consideration of the contract, based on which an
eBay auction is a legally binding contract which is enforceable by the court.

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References
Du, H. S., Yu, H., Fang, Y., & Wang, S. (2012). Empirical investigation of EachNet: the eBay
model of C2C online auction in China. IEEE Transactions on Engineering
Management, 59(1), 160-175.
Lin, T. C., Cheng, H. K., Wang, F. S., & Chang, K. J. (2012). A study of online auction sellers’
intention to switch platform: The case of Yahoo! Kimo versus Ruten_eBay. Decision
Sciences, 43(2), 241-272.
Riefa, C. (2016). Consumer protection and online auction platforms: Towards a safer legal
framework. Abingdon: Routledge.