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Is there more to elaborate on? How else would one notify of a modified contract, but by producing the modified contract? It is not the receiving party's respon
by jsprogrammer 11y ago
Is there more to elaborate on? How else would one notify of a modified contract, but by producing the modified contract?
It is not the receiving party's responsibility to determine if something they receive is another party's form letter, or other spam-like.
- argonaut 11y agoObviously, none of us know what specific language he used in talking to the bank, and IANAL, but if the bank said something along the lines of "here's the contract we'd like you to sign", and he replied along the lines of "here's the contract I've signed that I'd like you to sign", it would be acting in bad faith to not tell the bank you've changed the contract.
- jsprogrammer 11y agoA contract is not enforceable if it was not read by both parties accepting it. If banks don't read what they sign...fuck'em.
- argonaut 11y agoAgain, we don't know what actually happened, but presumably they read what they sent over to him.
- jsprogrammer 11y agoThen there is no issue. They received notification.
- argonaut 11y agoThey did not receive notification under the hypothetical scenario I described (the hypothetical scenario where he doesn't tell the bank that he changed the contract).
- jsprogrammer 11y agoSo, they received the new text, read it, and accepted it, but they were never notified of the new text? It seems like you are requiring some out-of-band signalling? What should the specs be for that other signalling mechanism?
- argonaut 11y agoYes. Out of band signaling is required. Like saying in the email "I've changed the contract, here are the new terms."
- jsprogrammer 11y agoI don't know of any banks that process CC contracts by email. My guess is that he filled out the application forms, set the terms of the contract how he desired them, left a note on top of it all to the effect of, "BTW, I changed the terms, lol. You should probably read them.", stuffed it in an envelope and mailed it to the bank. A bank clerk probably received the envelope, looked to make sure the application form was filled out and the contract signed, then marked in the bank's database that the requisite documents had been received.
- argonaut 11y agoOkay. But that's not the scenario I outlined. I made it clear that my points were referring to the scenario I outlined.
- _delirium 11y agoThe usual process is to conspicuously red-line a contract, so your changes are clearly visible (traditionally, highlighted in red ink), along with a notification up front that you're sending back a revised contract. From the article it's not entirely clear to me what form his modifications took: > [He] scanned it into his computer, altered the terms and sent it back to Tinkoff Credit Systems. By this do they mean he did something like "photoshop" the scanned contract, producing a result that looks as similar as possible to the original, but with some parts digitally modified? That would be a bit more misleading, if so.
- jsprogrammer 11y agoMy guess is that he wanted substantially similar terms, except for a few modifications. It's far easier to modify the existing contract than to write up an entire new one in that case. The other party still has the right of refusal. If they still do not wish to sign the contract after reading it, that is a choice available to them. If they choose to sign the contract without reading it...well...many people are bad at contracts...not the least of whom, are often banks.