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

To: The Philosopher who wrote (50848)	6/13/2002 3:55:36 PM
From: Neocon	Read Replies (2) \| Respond to of 82486

Wrong again: Q : Can acts make up an acceptance? A : Yes. Not only words, but any conduct that would lead a reasonable observer to believe that the offeree had accepted the offer qualifies as an acceptance. As discussed above, the act of clicking "YES" or "I ACCEPT" on a computer screen can constitute acceptance of an offer. Another example: Suppose you say, "John, I will pay you fifty dollars to clean my house on Sunday at nine o'clock a.m." If John shows up at nine o'clock a.m. on Sunday and begins cleaning, he adequately shows acceptance (assuming you're home or you otherwise would know he showed up). To take another example, you don't normally have to pay for goods shipped to you that you didn't order (a later section will discuss this in more detail). But if you were a retailer and you put them on display in your store and sold them, you would have accepted the offer to buy them from the wholesaler and you would be obligated to pay the invoice price. You otherwise would only have to allow them to be taken back at no cost to you. Sometimes this is called an implied (as opposed to an express) contract. Either one is a genuine contract. THE REASONABLE PERSON Throughout this and any other law book, the word "reasonable" will appear many times. Very often you'll see references to the "reasonable man" or the "reasonable person." Why is the law so preoccupied with this mythical being? The answer is that no contract can possibly predict the infinite number of disputes that might arise under it. Similarly, no set of laws regulating liability for personal or property injury can possibly foresee the countless ways human beings and their property can harm other people or property. Since the law can't provide for every possibility, it has evolved the standard of the "reasonable" person to furnish some uniform standards and to guide the courts. Through the fiction of the "reasonable person," the law creates a standard that the judge or jury may apply to each set of circumstances. It is a standard that reflects community values, rather than the judgment of the people involved in the actual case. Thus a court might decide whether an oral contract was formed by asking whether a "reasonable person" would conclude from people's actions that one did exist. Or the court might decide an automobile accident case by asking what a "reasonable person" might have done in a particular traffic or hazard situation. consumer.pub.findlaw.com