If you read what you wrote, there is an implied contract in
force once you say you will pay me $100 and you let me start
building the dog house. OTOH, if you offer me the $100 and I
come back next week and say I accept your offer, you can say
you changed your mind, there is no contract until both
parties agree at the same time, otherwise they are just
negotiating.
Now states have passed laws that if you advertise something
at a certain price you have to sell at that price, but I
have never heard of it being enforced on individuals, and in
any event it only applies to the specific situations
addressed by the statute law.
If there is such a thing as a unilateral contract, it can
also be withdrawn unilaterally, so is not a binding contract
at all. I use this concept for my model releases. The
subject grants me permission to use their likeness. The
permission being what you would call an unilateral contract
can be withdrawn at any time by the subject. I am only
protected for using the likeness between the time they give
me the permission and the time they withdraw the permission.
In case of professional models, or controversial images I
would use the ASMP long form model release and make at least
a token payment. That would be a binding contract, and could
not be withdrawn unless both parties agreed to it.
Since we are getting down into the nitty gritty of law here
let me say I am not an attorney, and there are always
special cases of law that override general principles. So
before you depend on what I or others on this list say,
consult an attorney regarding your specific case.
--Tom
Bucky wrote:
>
> A unilateral contract is something like me saying, "If you build me a
> doghouse, I'll pay you $100." Once you have completed the doghouse, or even
> embarked (in a non-trivial way) upon building it, the offer is deemed
> accepted and I would be bound.
>
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of Chris Brogden
> Sent: April 23, 2001 10:24 PM
> To: [EMAIL PROTECTED]
> Subject: RE: Or Best Offer: a misleading--and dishonest--phrase
>
> On Mon, 23 Apr 2001, Bucky wrote:
>
> > Yes, there is. A unilateral contract is a contract for which performance
> of
> > a condition constitutes acceptance. "Unilateral" refers not to the number
> > of parties involved, but rather o the fact that once the offer is out
> there,
> > the vendor (or offeror) has ceased to have legal discretion in the
> matter -
> > if it is accepted, a binding contract crystallizes. There is ample
> > jurisprudence in English, Canadian, and US jurisdictions dealing with the
> > subject.
>
> Then there's the matter of acceptance. Could it be that the seller is
> saying, "I want to sell this lens for this price to someone," and that it
> is the *buyer* who makes the offer to purchase it, which the seller must
> choose to accept or not? eBay rules let sellers cancel bidders' bids if
> they want to, suggesting that it is ultimately the seller who must accept
> the buyer's offer. Sellers have the right to refuse to accept an offer.
>
> Just something more to think about. :)
>
> chris
>
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