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Politics : Sharks in the Septic Tank
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To: Neocon who wrote (50858)6/13/2002 4:53:41 PM
From: The Philosopher  Read Replies (1) of 82486
 
In the sale of a car, certainly they would want written confirmation.

But that just confirms the contract and fills it out.

The contract can be created before the first word is put onto paper.

If the dealer offers to sell you this particular Chevvy Nova for $15,999 and you accept, there's a contract at that point, even if the details of the contract need to be specified in writing. If, for example, the dealer hands you a contact form to sign and you object to one of the terms (maybe it says that you agree to bring it only to the dealer for oil changes) and refuse to sign the contract, you could still go to court and get the car for $15,999 and the Court would decide what the other terms of the contract should be.

Here's where you mix up reasonable person with community and commercial standards. The Court will look to community standards and commercially reasonable standards to fill out the contract terms. But not to the reasonable person standard.
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