Of course! If I sent you an e-mail that said "if you have read this far you 
must send me a check for $100" would it be binding on you? Of course not.

That said, the footer puts the recipient on notice that the information in the 
e-mail is not a gift on which the recipient can act with impunity. It's like a 
No Trespassing sign on my lawn: does it create a binding contract between you 
and me? No, but it puts you on notice.

-----Original Message-----
From: IBM Mainframe Discussion List [mailto:IBM-MAIN@LISTSERV.UA.EDU] On Behalf 
Of Jesse 1 Robinson
Sent: Saturday, September 17, 2016 8:30 PM
Subject: Re: Down with idiotic disclaimer footers and dumb surveys!

I'm not a lawyer, nor have I played one nor am I related to one. But I watch 
them on TV and in movies. This is not to be taken as legal advice.

In the classic film Paper Chase, the inestimable John Houseman gives an 
introductory lecture on contract law. The setup goes something like this.

Joe and Harry hit a bar. During a blurry conversation, Joe promises to give 
Harry a hundred dollars. Shortly afterwards Harry calls on Joe to pay up. Joe 
says hell no. Harry sues Joe for 'breach of contract'. 

Per Houseman. The court does not deny that an oral contract can be legally 
valid. Problem here is that Harry was not obligated to do anything in return, 
so it was not a true 'contract', just an ill-advised offer with no legal 
ramifications. Harry is SOL. Next case.

I look at these phony email declarations the same way. I was not offered 
anything of value. You screwed up. There is no contract, no obligation on my 
part. I do not owe you anything whatever. Sod off. 

For IBM-MAIN subscribe / signoff / archive access instructions,
send email to lists...@listserv.ua.edu with the message: INFO IBM-MAIN

Reply via email to