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Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?


To: Neocon who wrote (50813)6/13/2002 2:49:12 PM
From: The Philosopher  Read Replies (1) | Respond to of 82486
 
My point
had to do with whether Laz understood himself to be accepting a legal obligation


Doesn't matter. Whether he accepted a legal obligation is a matter of law, not of intent.

If the facts to create a contract are there, a contract exists, whether or not one or both parties actually realized they were making a legally enforceable contract.

As with your dry cleaner picker up.

A friend of mine was actually consulted about a similar case. She discussed it with me at a bar function. A day care here charges $1.00 for each minute you pick up your child late . One parent asked another to pick up both their kids, because she knew she would have trouble getting there on time. The second parent agreed. Then she got her child, but forgot to pick up the other child. The second Mom didn't find out about this until she got home, about an hour later. She raced over, but was dinged with a bill in excess of $50. She consulted her friend, who was the lawyer, and the lawyer said yes, she had a suit against the forgetful parent They agreed to split the charge, but IMO the relying parent would probably have won the whole amount if she had taken the case to small claims court.