[UA] Occult Hoaxes (old thread with multiple titles--you all know what I'm talking about)

[Royal Minister of Stuff]

--- Epoch <msulliva at wso.williams.edu> wrote:
> On Thu, 10 May 2001, Cassady Toles wrote:
> 
> > 
> > On Thu, 10 May 2001 16:19:26 -0400,
> ua at lists.uchicago.edu wrote:
> >   
> >   Simple.  First, you never entered into a
> contract with anyone for that
> >   movie.  You simply claimed you'd be willing to
> pay for it.
> >   
> >   Two, it doesn't exist.  If they make it, it's
> obvious it's not the
> >   version you were looking for.  :)
> >   
> >   I'm pretty sure you can't just send someone
> something and say they owe
> >   you money.  If so, expect a chewed up pen cap
> worth $200 in a few days.
> >   
> > But you put in a written medium that they have
> record of the desire to
> > purchase something.  If they can furnish it, you
> do have an obligation,
> > legally speaking.  So when you say, you couldn't
> have it, it doesn't exist,
> > they then have a reason they can sue you.
> 
> Are you a lawyer?  Because if you don't have an esq.
> after your name to
> back this up, then I don't believe it.
> 
> Stating a general desire to buy something does not
> constitute a
> contract.  Nor does saying, "I want to see The Mummy
> Returns so badly, I'd
> give $50 to see it today!" constitute a verbal
> contract.
> 
> WTB (Want to Buy) notices are not contracts that
> state that you will
> purchase from the first person for the exact amount
> of money
> specified.  They are expressions of interest, with
> the implicit
> understanding that factors like quality of product,
> the possibility of
> other people who will get you the same for less, and
> your simple
> willingness or unwillingness to deal with the
> selling party may affect
> whether or not you will actually make the decision
> to buy.
> 
> Mike
> 
> (I am not a lawyer; this is not legal advice)

That's right.  Otherwise, companies like Deluxe,
Columbia Record Clubhouse/warehouse/etc. and
Motorcycle Accessory Warehouse (at al.) would be even
more hideous than they are already.

In fact, if someone sends you something in the mail
and you haven't specifically purchased that item, it
is considered "promotional material" and you can keep
it. 

That doesn't mean they won't TRY to charge you money
and, even worse, they may use a particularly dirty
trick or two against you.

One that I read about recently is using recorded phone
agreements to scare old people into thinking they'd
accidentally signed a contract "verbally."  Sales
agents will play back bits of a conversation they've
had with the victim and then say things like "didn't
you say that ma'am?"  and "this sounds like a promise
to me."  This is real boiler room stuff, but it's the
kind of tactic more and more call centers are moving
toward.

In general, the best thing you do every damn time you
have to call up a company is to write down who you
talked to, what time you managed to get through the
phone maze to talk to them and maybe a note or two
about what you discussed.  You don't have to be super
accurate, you just have to note the contact.  This is
a valuable thing to have on your side and it's as
valid as any other paper trail, which can be a real
help if you decide to use tort law against the
bastards who won't quit calling right before you sit
down to eat.

(I'm not a lawyer, but I took a lot of contract law
and communications law clases in college and my
cousin's the DA in Trinidad.)

=====
-- Rp Bowman, Royal Minister of Stuff
The Electronic Nation of Yokeltania:
http://www.geocities.com/yokeltania/

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