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16th January 11, 07:38 PM
#1
Originally Posted by Mark's Mom
oh oh oh! i know! I would send it in, like normal, but put a line through the part where it says slacks, and then to be safe the part e, which seems ambiguous, if they sign that then, they can't complain. (I learned that from a former boss, who was an attorney. might not work, but always worth a shot.)
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16th January 11, 09:52 PM
#2
Originally Posted by sathor
oh oh oh! i know! I would send it in, like normal, but put a line through the part where it says slacks, and then to be safe the part e, which seems ambiguous, if they sign that then, they can't complain. (I learned that from a former boss, who was an attorney. might not work, but always worth a shot.)
As part of my MBA, I took a very educational "business law" course that clarified such phenomena quite well.
In order for any contract to be considered valid, several elements MUST be in place, two of which are: an OFFER, and ACCEPTANCE of that offer. (There are other elements, such as: consideration, free consent, capacity to contract, enforceability, etc, but those would only obfuscate the issue here).
If you were to cross out the section that didn't appeal to you, sign and submit the completed contract, that would constitute a COUNTER-OFFER -- not acceptance. In order to be legal and enforceable, you would still need to have evidence that your counter-offer had been accepted first.
ith:
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16th January 11, 11:27 PM
#3
Originally Posted by CDNSushi
As part of my MBA, I took a very educational "business law" course that clarified such phenomena quite well.
In order for any contract to be considered valid, several elements MUST be in place, two of which are: an OFFER, and ACCEPTANCE of that offer. (There are other elements, such as: consideration, free consent, capacity to contract, enforceability, etc, but those would only obfuscate the issue here).
If you were to cross out the section that didn't appeal to you, sign and submit the completed contract, that would constitute a COUNTER-OFFER -- not acceptance. In order to be legal and enforceable, you would still need to have evidence that your counter-offer had been accepted first.
ith:
I don't know anything about business law, I'm stupid, but I think you are right on the money, CDNSushi. All sides in a contract would most likely have to sign each change in the contract; I think these types of contracts are usually written on the back of envelopes... Otherwise all kinds of changes could be made after the contract was signed.
Never sign the bottom of a sheet of blank paper.
Grew up in a small business family, and have seen hand written contracts and such, though.
I tried to ask my inner curmudgeon before posting, but he sprayed me with the garden hose…
Yes, I have squirrels in my brain…
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17th January 11, 12:27 AM
#4
Originally Posted by Bugbear
Grew up in a small business family, and have seen hand written contracts and such, though.
Nothing wrong with that. Handwritten contracts are valid. Even an oral contact can be a legal contact... It's just that there exist some very compelling reasons why it's a good idea for contracts to be drawn up in a manner that's a bit more watertight... But you do what you gotta do.
Even now, I'm organizing a ski & snowboard trip for a group of people, all of whom I'd consider very close FRIENDS, and yet -- I've drawn up a form of contract by which I'm taking deposits as a form of commitment in promise of accommodations and transportation to and from the venue. Why? Because if anyone bailed I'd be out a lot of money -- and I value my friendships too much to allow hard feelings over financial loss to come in the way.
Anyway, this is WAYYY off topic... So just to reel things in a little bit, I'll add my two bits here and say that by the wording of the contract shown here, I get the impression, based on the fact that contact information for the administrators is provided, that exceptions and deviations from the rules are expected, and provision has been made for their consideration. Seems that communication with the admin is more important than the document itself.
As such, I would refuse to get worked up about an imaginary argument or fight until such time as an actual "no" answer is given. Sometimes we get so caught up imagining the fight that we'll have to face, that we are shocked to the point of disbelief when a "yes" answer is rendered instead. I'd try to remain optimistic.
In the mean time, as an additional voice of encouragement, I cannot say that I'm in the United States, but for what it's worth, as McNulty, I have attended my students' graduation ceremony as kilted faculty. In Japan, it's a very formal affair, and if I were a homeroom teacher to the graduation students, I'd be expected to wear a white bowtie and tails. For non-homeroom faculty, jet black formal suit (the one they normally wear only to weddings and funerals) and white necktie are appropriate. I arrived wearing kilt, grey Argyll and white tie, and no one (least of whom, me) felt that I looked out-of-place.
The thread with grad photos is here: http://www.xmarksthescot.com/forum/f...-2010-a-57588/
Last edited by CDNSushi; 17th January 11 at 12:42 AM.
Reason: Typos and added info.
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Originally Posted by CDNSushi
As part of my MBA, I took a very educational "business law" course that clarified such phenomena quite well.
In order for any contract to be considered valid, several elements MUST be in place, two of which are: an OFFER, and ACCEPTANCE of that offer. (There are other elements, such as: consideration, free consent, capacity to contract, enforceability, etc, but those would only obfuscate the issue here).
If you were to cross out the section that didn't appeal to you, sign and submit the completed contract, that would constitute a COUNTER-OFFER -- not acceptance. In order to be legal and enforceable, you would still need to have evidence that your counter-offer had been accepted first.
ith:
I once received the same advice from a Citizen's Advice Bureau (government run free legal clinic) in England. What you say is basic contract law and is part of English common law (not applicable in Scotland or Louisiana!).
We had been given a new employment contract and told to sign it or else, and there were very onerous clauses. I think the most objectionable clause prohibited taking another job in the same line of work for two years after leaving that one. I went with one of my colleagues to the CAB and they advised us to cross out the bad clauses before signing. We did that, and never heard another word on the matter. Nobody lost their job.
ETA: I forgot something very important. You must keep a copy of the altered contract with your signature on it. Otherwise you will likely be shown a copy of the standard contract, or maybe even a different version from a different time period that has even worse conditions, and told that 'everybody signed this'!
Disclaimer: I am not a lawyer, this is not legal advice, and you may not rely upon it.
Last edited by O'Callaghan; 11th May 11 at 09:29 PM.
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Marks Mom, you have worked out this prom night for Mark in a fantastic manner. Your timing in all that you have done has been impecable. Congratulations at taking something by the throat, giving it a good shake and comming up trumps. I also congratulate all the XMarks members who have provided generous assistance without being asked. Cheers to all of you.
As others have said, please don't forget the pics.
Last edited by Downunder Kilt; 12th May 11 at 04:19 AM.
Shoot straight you bastards. Don't make a mess of it. Harry (Breaker) Harbord Morant - Bushveldt Carbineers
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