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- Xref: sparky talk.abortion:49313 alt.flame:15071 misc.legal:20330
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- From: lefty@apple.com (Lefty)
- Newsgroups: talk.abortion,alt.flame,misc.legal
- Subject: Re: Unilateral Contract, Implicit Acceptance, Statement of Account
- Message-ID: <lefty-231192123010@lefty.apple.com>
- Date: 23 Nov 92 20:46:46 GMT
- References: <lefty-121192142516@lefty.apple.com> <1992Nov13.153005.14596@rotag.mi.org> <lefty-131192101237@lefty.apple.com> <1992Nov14.182731.18319@rotag.mi.org>
- Sender: news@mumbo.apple.com (The News System)
- Organization: Our Lady of Heavy Artillery
- Lines: 94
-
- In article <1992Nov14.182731.18319@rotag.mi.org>, kevin@rotag.mi.org (Kevin
- Darcy) wrote:
- >
- > In article <lefty-131192101237@lefty.apple.com> lefty@apple.com (Lefty) writes:
- > >In article <1992Nov13.153005.14596@rotag.mi.org>, kevin@rotag.mi.org (Kevin
- > >Darcy) wrote:
- > >>
- > >> Anytime you want to make a formal request for a bill, you may do so, Lefty.
- > >>
- > >> But be forewarned that the request could be interpreted legally as an
- > >> admission of liability and/or the existence of a binding contract between
- > >> us.
- > >
- > >Gosh, Kevin, I don't see that to be the case at all. I can't imagine why
- > >you should feel that it were necessary for a person whom you felt owed a
- > >legitimate debt to "formally request" a bill.
- >
- > Did I say that it was NECESSARY?
-
- Look at what you, yourself, wrote above. "Anytime you want to make a
- formal request for a bill, you may do so, Lefty." This, in response to my
- questioning when I could expect to see a "bill" for the "debt" you assert
- that you are owed.
-
- Work on your reading comprehension, Darcy.
-
- > >Does Chrysler Financial require that its clients "formally request" that
- > >they be tendered a bill on the first of the month?
- >
- > Again, I never said it was NECESSARY or "required". You excel in straw men.
-
- Very well, have it your way, then. What would be _necessary_ for one to do
- in order to receive a bill for the debt you allege is owed you, eh?
-
- > >Just out of pure, perverse, idle curiousity, what would constitute a
- > >"formal request" for a bill? Clearly, you don't feel that my wondering
- > >when you are going to send me this purported bill constitutes a "formal
- > >request". Would one need to send physical mail? Certified? Registered?
- > >A telegram?
- >
- > Something in paper would do just fine.
-
- But it isn't _necessary_. That being the case, why waste the stamp? What,
- precisely, would be _necessary_, Darcy?
-
- > >Just as no contract exists between _us_. Or do you feel you have some
- > >tangible proof that this "offer" you feel you tendered was accepted?
- >
- > You signified your acceptance of the terms and conditions by your actions.
-
- Nonsense, unless you believe that I can assert that your driving to work
- tomorrow can be construed as acceptance of a contract.
-
- > You have never rejected the services -- only quibbled ignorantly over the
- > validity of the contract itself, while continuing to pile up more and more
- > billable charges.
-
- Please, feel free to bill me for these "charges", Kevin. Mere assertion
- that they exist is not going to be terribly convincing to anyone given the
- large body of documentation demonstrating that not only have you failed to
- make any attempt whatsoever to collect on this purported "debt", you have,
- as a matter of fact, actively _resisted_ making any effort to collect.
-
- > Ignorance of the law is no excuse, Lefty.
-
- Quite true. So what were you planning to use as an excuse instead?
-
- > Just because you THINK a contract doesn't exist, doesn't mean it still
- > COULD.
-
- Try writing this again, Brainiac. Here's a free clue: look up "parallel
- construction" before you try again.
-
- I assert that no contract exists. Prove me wrong, legal eagle.
-
- > If I were you,
- > I would reject IN ADDITION TO disputing the validity of the contract. Cover
- > both your bases at once before the bill mounts too high.
-
- And if my aunt had wheels, she would be a tea cart. The spectacle of you
- muttering over the possibility that this supposed "bill" might become "too
- high" is ludicrous, particularly so since you've resisted offering any fee
- schedule for these "services" you allege you are providing.
-
- Fish or cut bait, Darcy. Are you going to bill me? Are you going to
- provide something other than blatant assertion to demonstrate that a
- "contract" exists? Are you going to keep bringing this until you fall to
- the floor with apoplexy and die of a cerebral aneurysm?
-
- Inquiring minds are mildly curious.
-
- --
- Lefty (lefty@apple.com)
- C:.M:.C:., D:.O:.D:.
-