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

[Timothy Ferguson]

----- Original Message -----
From: "Epoch" <msulliva at wso.williams.edu>

> 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.

Your lawyers add "esquire" to their names?  Are you serious?

Look, type "Unilateral contract" into your favourite search engine and have
a look around.  I know you'd like reality to differ from your untrained
perception, but it doesn't.

If you can't be bothered here's a definition stolen from
http://www.inresco.com/Glossary/UNILATERAL_CONTRACT.html

"A one-sided contract wherein one party makes a promise so as to induce a
second party to do something. The second party is not legally bound to
perform; however, if the second party does comply, the first party is
obligated to keep the promise. "

You can make unilateral contracts by making offers to the public:
http://www.law.umn.edu/library/services/circulation/Reserve/OrderoftheMouse/
Disk1/CONTRACT.html

> Stating a general desire to buy something does not constitute a
> contract.

It depends on the wording.  Often, like in want to buy ads, its considered a
solicitiation of offers.  If you offer a consideration for a product or
service, though, you might, if your wording is inadaquate, be making an
offer to the public.  The penalties are harsher if your offer is made in
securities (I'd like to buy 10 000 Gobsmacker shares at $100 a piece)
because it has an extra rider in most places for market manipulation, but
the underlying principle stays in place.  Look at its sister idea, offers of
sale to the public.  There's a reason that corrections are published for
shopping catalogs, because they constitute an offer.

> Nor does saying, "I want to see The Mummy Returns so badly, I'd
> give $50 to see it today!" constitute a verbal contract.

No, but if someone tries to pitch you your product and then can demonstrate
you had no intention of purchasing from anyone they can go after you for the
costs of preparing their pitch - at least where I live.  It may differ where
you live.

If you were to say in a public forum that "The first person to bring me a
copy of the Mummy Video today gets $X", and someone does, then you owe them
the money.  Otherwise radio stations could just offer any prize they liked
in competitions...8)  Saying "Anyone who brings me..." is equally
problematical. A more general form of words might save you.


Timothy
(Of course I'm not a lawyer - if I were a lawyer I'd be disbarred for giving
free advice.)


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