Quoting Shachar Shemesh, from the post of Wed, 10 Nov: > Run this by me again, will you? What you are saying is that you can turn > any deal where I give you money and you give me something into a > contract? Without showing me the contract? AND without getting my signature?
A purchase is a contract. even if it is cucumbers in the supermarket for 4 shekels. If I have a copy of the reciept of the money you payed me, that's proof enough for most lawyers to show that you were interested in the exchange, agreed to it, payed for it and in doing so you have entered a binding contract with me as the seller. > > I'm sorry, the case I know is exactly the reverse. The person did click > the EULA, and the judge said that "if it looks like a sell, money > exchanges hands as if it's a sell, it's stocked like merchandise, then > it's a sell, not a contract". It appears that, at the very least, the > case is not as open and shut as you make it sound. like I said, IANAL, but a sell IS a contract by the Israeli law, and based on that I'd assume it's the same in most of the western world. > Are you saying one of the sides in a deal can unilaterally define what > constitutes a binding action? many times they try, and that's when it gets to the court, to decide if the action was binding or not. -- Right on the tip of your tounge Ira Abramov http://ira.abramov.org/email/ ================================================================= To unsubscribe, send mail to [EMAIL PROTECTED] with the word "unsubscribe" in the message body, e.g., run the command echo unsubscribe | mail [EMAIL PROTECTED]
