Originally Posted by
Efrem
Originally Posted by
Firewind
Not exactly a direct answer to your question, but fundamental to all of this is that, while they'll take your money "as if" it were a real transaction, you never own the miles/points that you "purchased" according to the companies' terms and conditions.
You don't have to take ownership of something in order to have a legal transaction. Consider renting a car or "buying" software. You don't get ownership of anything in either one. You get permission to use something under the terms of a contract. It's the same with miles/points: you have permission to use them, though you don't own them.
Legally, a valid contract requires a consideration on both sides. Ownership is one type of consideration. It is not the only one.
If you don't have the right to convey whatever interest youre conveying, the contract is void.
Sure, you can convey things other than a property right generally. But there is nothing about miles or points that you have the right to convey. E.g., you might be able to sell a lease generally, but not if the terms of the lease explicitly prohibit such a sale. To take your software example, if the terms of your license to use software say that it is nontransferable, purporting to sell that license is fraud.
This has nothing to do with consideration. In the example I just gave, both parties gave consideration: money and the use of a license. But the transaction is still illegal.