SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?


To: Neocon who wrote (45308)3/8/2002 11:15:00 AM
From: The Philosopher  Read Replies (1) | Respond to of 82486
 
In lawyer terms, and of course JLA and I are both lawyers so that's the language we speak, if an offer is made, you have two choices. You can accept it in the exact terms in which it was made, or you can suggest alternate terms. The latter is perfectly acceptable, of course. But legally, it represents a rejection of the offer. That's simple black letter law. Offer and acceptance. Contracts 101, which virtually every law school teaches in the first year.

I made crystal clear in my offer that the only way to accept the offer was to say, quite simply, "I accept." Anything else would be rejection.

He didn't say "I accept." He tried to change the offer to suit his preferences. He's entitled to do that. But any lawyer will tell you without any question that such a response is NOT an acceptance of the offer, but a rejection of it and an attempt to negotiate a new and different agreement.

If JLA weren't a lawyer, and indeed one who says he deals in contract law regularly, he might not be expected to understand this clearly. But he is, and he does. And pretending otherwise is simply not true.

I don't say this to continue the argument. I have accepted JC Dithers's offer, and wait to see what JLA will say about it. I only make this post for one point -- to clarify why I said that JLA lied when he said he accepted my offer, and to make clear that in the language both of us speak and understand, I'm right and he's wrong.