"a8359" <a8359@email.com> wrote in message
news:47ub8uFh54hdU1@individual.net...
> Alan J Robertson wrote:
>> R. Mark Clayton wrote:
>>
>>>
>>> IMHO they are in breech of contract.
>>>
<snip>
> there is no breach of contract until you have been charged some money,
> or a financial transaction has occoured. or thats the basics of it
> anyway. u can argue the fine points all you want, but until they
> charge your credit card, or take .01p from you its not a contract its
> an OFFER of SERVICE.
>
Sorry, that's utter nonsense.
There are various criteria that must be met before a contract can be
formed, but they relate to the parties and to the expressed or implied
terms of the contract. Offer, acceptance, intent, capacity,
consideration are the ones usually listed.
On your reasoning, if A signs a contract with B for B to make a million
widgets specially for A, and the terms state that within so long of
their being delivered A will pay £x for them, then A can wait till he's
received all the widgets and then say "tough - we've not got a contract
because I've not paid you for them, so I'm under no obligation to pay
you at all".
The "consideration" element is to distinguish contracts from simple
promises: if I walk up to you in the street and say "I'll give you a
pound" without expecting anything in return (the "consideration" on your
part) (not even that you stop using the absurd form "u" for "you"), then
you can't take action against me later if I don't, even if, say, you'd
already entered a contract to buy a newspaper on the anticipation of
having the wherewithal to pay for it.
--
Kevin Poole
**Use current month and year to reply (e.g.
feb2006@mainbeam.co.uk)***
Car Transport by Tiltbed Trailer - based near Derby