7 ms·

Seems that Jump is wrong here, no binding contract was made according to article facts. Acceptance from the seller part seems required: > Contract law says tha

by 323 4y ago

Seems that Jump is wrong here, no binding contract was made according to article facts. Acceptance from the seller part seems required: > Contract law says that a quote is not considered an offer and only acceptance of offers makes for a legally binding contract, according to Cornell Law School. > Here’s what needs to happen for a quote to turn into a contract: > - Supplier submits the quote to the client > - The client accepts the quote and issues an order > - The supplier accepts the order > For example, a wedding photographer emails a written quote to a client for $2500 for 10 hours of photography. The client emails back saying they accept the quote and want to proceed with the order. The wedding photographer emails the client again to thank them and confirm that they will do 10 hours of work on a certain date for $2500. A legally enforceable contract has now been established. https://www.freshbooks.com/hub/estimates/is-quote-contract https://www.freshbooks.com/hub/estimates/is-quote-contract

dsr_ 4y ago
So a contract is formed when the TCP three-way handshake completes.
vlovich123 4y ago
My reading of your link is that it’s complicated (see the case about Pepsi and the fighter jet). Generally you want to stay away from even proposing a price for a sale if you’re truly not interested.
- 323 4y ago
  Sure, but here we have a giant company versus a 79 yo person. Surely you can make a case that the person didn't really understood that a binding contract was forming, since the common understanding is that you need to accept a deal. Seems to me that you can make a case that the person was "tricked" into a binding contract (if it is indeed binding).
  - rosndo 4y ago
    But was he not accepting the deal on his part by offering it in the first place?
    - puffoflogic 4y ago
      It was not a genuine offer.
      - rosndo 4y ago
        Akin to “jokingly” signing a regular paper contract, no?
        puffoflogic 4y ago
        Almost, except without the signature, the paper, the contract, or the regularity. But almost.
        rosndo 4y ago
        Both the paper and the signature are utterly irrelevant. You can certainly enter a contract over email, it’s not irregular.
        fennecfoxy 4y ago
        Idk I feel like nothing is really on the table until there's ink on paper so to speak. Like if this company made a job offer via email but no contract was signed yet, then no contract has been signed yet. If we consider verbal contracts absolute then that changes a LOT of things.
        michaelmrose 4y ago
        The price is figure isn't acceptance of an offer or a contract its negotiation regarding what terms would in fact be acceptable to both parties in preparation for forging an actual meeting of minds which would in turn enable a contract to be created.
- kortilla 4y ago
  But the Pepsi fighter jet case was only valid because of specific laws about public advertisements.
- 1123581321 4y ago
  I would think that a verbal domain contract would require some of the usual trappings of domain transfers to force the sale. They hadn't begun to negotiate the details of the transfer, by the sounds of it, let alone proceed to holding money in escrow.
vmception 4y ago
I think a judge is necessary to determine DomainAgent’s brokering role with this specific property owner, because nobody knows and it is the crux of the case.
NovemberWhiskey 4y ago
A quote is not a necessary element to formation of a contract. If you're holding a yard sale, and I point at some knickknack and ask "how much for that?", and you say "it's a dollar" and I say "that's a deal", that's a contract.
- Supermancho 4y ago
  I don't think that's a contract you want to engage in. There are no terms for timing. A dollar today or in 10 years? It will be difficult to prove these details were known or that the offer took place at all, which is why you want things in writing - which is the case for wormhole.com. It's also interesting to note that a verbal contract is not sufficient to form a contract at price points over a few hundred dollars. Take from this what you will.
  - ghayes 4y ago
    The original circumstances were, in fact, written, and the example quoted above was below such threshold. As such, I wouldn’t believe the note on verbal contracts is relevant to the matter at hand.
  - NovemberWhiskey 4y ago
    I think you'd be surprised how liberally courts have discovered implied terms in contracts where the parties have omitted them. There's a whole body of law on it, and courts have demonstrated considerable unwillingness to void contracts for uncertainty. Also: about a zillion successful purchases at yard sales indicate to me that this is a pretty good way to form contracts of sale.
    - mod 4y ago
      How many of those zillion contracts have been tested in a court of law? (As that is the relevant context here)
    - dragonwriter 4y ago
      > Also: about a zillion successful purchases at yard sales indicate to me that this is a pretty good way to form contracts of sale. In yard sales (and most retail situations, too), contracts of sale are usually formed with the tender of payment buy the prospective buyer for a specific set of items at a price stated by the seller as the offer, and acceptance of the tendered payment as the acceptance; they sale contract is formed fully executed, not as an executory (with some obligations still unfulfilled) contract.

by 323 4y ago

dsr_ 4y ago

So a contract is formed when the TCP three-way handshake completes.

vlovich123 4y ago

My reading of your link is that it’s complicated (see the case about Pepsi and the fighter jet). Generally you want to stay away from even proposing a price for a sale if you’re truly not interested.

323 4y ago
Sure, but here we have a giant company versus a 79 yo person. Surely you can make a case that the person didn't really understood that a binding contract was forming, since the common understanding is that you need to accept a deal. Seems to me that you can make a case that the person was "tricked" into a binding contract (if it is indeed binding).
- rosndo 4y ago
  But was he not accepting the deal on his part by offering it in the first place?
  - puffoflogic 4y ago
    It was not a genuine offer.
    - rosndo 4y ago
      Akin to “jokingly” signing a regular paper contract, no?
      - puffoflogic 4y ago
        Almost, except without the signature, the paper, the contract, or the regularity. But almost.
        rosndo 4y ago
        Both the paper and the signature are utterly irrelevant. You can certainly enter a contract over email, it’s not irregular.
        fennecfoxy 4y ago
        Idk I feel like nothing is really on the table until there's ink on paper so to speak. Like if this company made a job offer via email but no contract was signed yet, then no contract has been signed yet. If we consider verbal contracts absolute then that changes a LOT of things.
        michaelmrose 4y ago
        The price is figure isn't acceptance of an offer or a contract its negotiation regarding what terms would in fact be acceptable to both parties in preparation for forging an actual meeting of minds which would in turn enable a contract to be created.
kortilla 4y ago
But the Pepsi fighter jet case was only valid because of specific laws about public advertisements.
1123581321 4y ago
I would think that a verbal domain contract would require some of the usual trappings of domain transfers to force the sale. They hadn't begun to negotiate the details of the transfer, by the sounds of it, let alone proceed to holding money in escrow.

vmception 4y ago

I think a judge is necessary to determine DomainAgent’s brokering role with this specific property owner, because nobody knows and it is the crux of the case.

NovemberWhiskey 4y ago

A quote is not a necessary element to formation of a contract. If you're holding a yard sale, and I point at some knickknack and ask "how much for that?", and you say "it's a dollar" and I say "that's a deal", that's a contract.

Supermancho 4y ago
I don't think that's a contract you want to engage in. There are no terms for timing. A dollar today or in 10 years? It will be difficult to prove these details were known or that the offer took place at all, which is why you want things in writing - which is the case for wormhole.com. It's also interesting to note that a verbal contract is not sufficient to form a contract at price points over a few hundred dollars. Take from this what you will.
- ghayes 4y ago
  The original circumstances were, in fact, written, and the example quoted above was below such threshold. As such, I wouldn’t believe the note on verbal contracts is relevant to the matter at hand.
- NovemberWhiskey 4y ago
  I think you'd be surprised how liberally courts have discovered implied terms in contracts where the parties have omitted them. There's a whole body of law on it, and courts have demonstrated considerable unwillingness to void contracts for uncertainty. Also: about a zillion successful purchases at yard sales indicate to me that this is a pretty good way to form contracts of sale.
  - mod 4y ago
    How many of those zillion contracts have been tested in a court of law? (As that is the relevant context here)
  - dragonwriter 4y ago
    > Also: about a zillion successful purchases at yard sales indicate to me that this is a pretty good way to form contracts of sale. In yard sales (and most retail situations, too), contracts of sale are usually formed with the tender of payment buy the prospective buyer for a specific set of items at a price stated by the seller as the offer, and acceptance of the tendered payment as the acceptance; they sale contract is formed fully executed, not as an executory (with some obligations still unfulfilled) contract.