Posted by John T PS on December 09, 2010 at 12:09:02 from (66.244.97.31):
In Reply to: Paging John T posted by JoeBob-IN on December 09, 2010 at 05:03:34:
One last thought, I only covered 3 of the 5 Common Law requirements for a vaild legally enforceable contract as the other 2 arent so much in question.
Offer, Acceptance, Consideration covered below, the other two requirements are Capaciy and Legality. Its mainly Consideration where the poster faces the biggest hurdle. I would argue unilateral mistake is no defense while the company will pound away at the Consideration issue and knowledge and reasonableness and clean hands etc etc. Again, ONLY the Court gets to decide.
PS if the above 5 requirements are met, it can be enforceable regardless if the terms were entered into by US mail or face to face or on line as some reasoned. Every day billions of dollars in contracts are made by electronic means and for years by the US mail and those are obviously enforceable. Im not aware of any statutes that over rule common law because the parties didnt strike the deal face to face, if anyone knows of any such Id sure like to hear about them as I remain curious n never too old to learn..........
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