On Mon, 25 Aug 2003 3:51PM -0500, Robert F. Bodi wrote:
>> I agree from an issue spotting perspective, but where
>> is the contract?
>
> The contract is pretty simple. I give you a book in consideration for
> you using it in your class and not selling it. There is enough writing
> to support such a contract, IMHO.
You can't condition a contract on an action that the person has a right to do in the absense of a contract.
"By reading this email, you agree to send me $10." is not a contract. You have the right to read the email when I send it to you.
In the case of goods sent unsolicited through the US mails, the recipient can dispose of them in any way they wish. The "contract" is preempred by Federal Law and the professor may give the book away, loan it or use it for kindling.
Now, if the professor had to sign a request agreeing not to sell, loan or give the book away before receiving it, then that is probably a valid contract.
Roy Murphy \ CSpice: A Mailing List for Clergy Spouses murphy@panix.com \ http://www.panix.com/~murphy/CSpice.html Received on Tue Aug 26 2003 - 19:28:11 GMT
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