Please..show me where it says, this is applicable, if no money has traded hands. I've read it and read it..I can't see it.
I know it's late, and maybe I'm reading it wrong. but are you sure this isn't saying, if the buyer paid for the goods, and didn't get them, and has to buy them elsewhere, he can charge the seller the difference to get the goods..for the substitution of goods he didn't get?
As far as 2-328, isn't this talking about a live auction (I can't find the word "internet" there anywhere)? I know live auctions have very specific rules. I don't think that applies here. But then I'm not a lawyer, or a live auction person (although I do go to them), so I may not be reading it the way it is meant. I don't think my two semester Business law counts for much LOL.
I do appreciate your finding this...was good reading, but I still haven't seen anything that changes my mind on an internet eBay auction. Since I haven't seen anyone get sued over this yet, I've got to believe that a person can change their mind, by saying they made a mistake and although against eBay rules, I'm not reading it's against the law (federal, or otherwise).
As far as the Yale piece on mistakes..sounds to me like they aren't sure which mistakes should be allowed to be voided either LOL. Too many "depends".
Maybe in this case this ruled on a unilateral mistake, "the effect of the mistake is such that enforcement of the contract would be unconscionable,"
Maybe the seller didn't realize she shouldn't have sold the items together. In any case, I think the conclusion is interesting. Thanks again.