Kerim Aydin on Tue, 14 Oct 2008 23:31:40 -0700 (MST) |
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Re: [s-d] [s-b] Alelaelaelalealealealelaelaou |
On Tue, 14 Oct 2008, Ed Murphy wrote: > Contrast the example "Any player may join this contract by insulting > a player". This action is equally avoidable, but the penalty for > avoiding it is much lower, so the case for inferring implicit acceptance > is stronger (though still arguable). This came up in Agora in 2001: > http://zenith.homelinux.net/cotc/viewcase.php?cfj=1290 > and the judgement found in favor of implicit acceptance. Actually, it was only found to be inferred in the case where the "insult" was made in a specific context that referred to the contract (e.g. it was obviously "meant to" trigger the joining conditions). The judge there suggested that if an action was primarily for another purpose, say posting a message for something else, that it *wouldn't* be consent for joining. -Goethe _______________________________________________ spoon-discuss mailing list spoon-discuss@xxxxxxxxx http://lists.ellipsis.cx/mailman/listinfo/spoon-discuss