Originally Posted by A Harris
You assert, but offer nothing but your assertion. So for the last time, I admit there is a possibility I'm wrong, but ask for those who disagree to BACK UP what they are saying if they expect to prove a point.
I'm too lazy to look it up for you.
The simple answer is that the public policy and/or common law at the foundation of contracts do not allow one party to unilaterally assert the right not to perform while still expecting the other party to perform.
An eBay offer to sell merchandise that also contains language claiming that you're not responsible for shipping does not trump your obligation to make a good faith effort to perform as the contract obligates you to. Which is to get the merchandise to the buyer who has paid for it.
Contracts have a variety of implied terms that do not have to be spelled out and that cannot be abbrogated because it's in your interest not to perform them.