Posted by John T PS on December 09, 2010 at 12:09:02 from (66.244.97.31):
In Reply to: Paging John T posted by JoeBob-IN on December 09, 2010 at 05:03:34:
One last thought, I only covered 3 of the 5 Common Law requirements for a vaild legally enforceable contract as the other 2 arent so much in question.
Offer, Acceptance, Consideration covered below, the other two requirements are Capaciy and Legality. Its mainly Consideration where the poster faces the biggest hurdle. I would argue unilateral mistake is no defense while the company will pound away at the Consideration issue and knowledge and reasonableness and clean hands etc etc. Again, ONLY the Court gets to decide.
PS if the above 5 requirements are met, it can be enforceable regardless if the terms were entered into by US mail or face to face or on line as some reasoned. Every day billions of dollars in contracts are made by electronic means and for years by the US mail and those are obviously enforceable. Im not aware of any statutes that over rule common law because the parties didnt strike the deal face to face, if anyone knows of any such Id sure like to hear about them as I remain curious n never too old to learn..........
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Piston Ring Removal and Replacement - by Chris Pratt. Piston Ring Removal and Replacement - Replacing rings is a fairly easy process to stretch the engines usability between major rebuilds and cut down on that blue smoke and high oil consumption. Frequently, replacing only the rings is not advisable because by the time you do the teardown and measurement of the components, the pistons are often beyond the manufacturers specification or something else you find will signify the need for a major rebu
... [Read Article]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
