From: lefty@apple.com (Lefty)
Newsgroups: talk.abortion,alt.flame,misc.legal
Subject: Re: Unilateral Contract, Implicit Acceptance, Statement of Account
Date: 23 Nov 92 20:46:46 GMT
Organization: Our Lady of Heavy Artillery

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:.
Newsgroups: talk.abortion