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From:   David Johnson <david@usermode.org>
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Date:   Thu, 10 Jan 2002 19:43:44 -0800
To:   email@greglondon.com
Subject:   Re: tpog/giftware

On Thursday 10 January 2002 12:30 pm, you wrote: > I'm going on vacation starting Jan 11th > for about 10 days. In case you email me > anything about tpog, I didn't want you > to think I was blowing you off. Have fun on your vacation. > I was very politely (not) informed that > my section on contract law suffers > inaccuracies. I haven't found a good > intro to contract law URL yet. > If you know of one, I'd appreciate it. I don't really know of one. I wish I did. > I'm trying to distinguish between > the normal sale of goods, such as > buying a hammer at a hardware store, > and a contract as I know it, such as > the contract for a 1 year agreement > for cell phone service. From my understanding, they're both contracts. The latter is what I call an "explicit" contract which needs signatures and communication between the two parties. The former is still a contract, of the type I call "implicit" contract. I am not a lawyer, but I have been in business for a while, and had to bone up on the US Commercial Code. Your bill of sale states the terms of the contract: a particular good in exchange for a specific amount of money. For normal purchases received at time of sale, contract law has little bearing, since inumerable other laws take precedence (fraud, extortion, counterfeit, etc). But in the cases of placing and order or purchasing a service, contract law, in the form of the US Commercial Code, becomes very important. I know that this doesn't help you much. I could be just blowing hot air. If I were to make a distinction between the two, I would do it in one of two ways: distinguish implicit contracts from explicit contracts; or between contracts with zero duration (executed at time of sale) and contracts with a duration (your one year cell phone agreement). Does this make sense? -- David Johnson ___________________ http://www.usermode.org pgp public key on website
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