LabelKing
Stylish Dinosaur
- Joined
- May 24, 2002
- Messages
- 25,421
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- 268
No, I don't - only my tortoise frames.
Did you have them newly made? What shade are they? I am waiting for my tortoise-shell frames to come in.
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No, I don't - only my tortoise frames.
This is NOT meant to interpreted as legal advice, but a contract does not have to be in writing to be enforceable. It could be an express oral contract where the terms are agreed upon orally or an implied-in-fact contract where the agreement is indicated by conduct and where performance indicates agreement.
I believe you are correct. The problem here is that without tangible evidence of an agreed to design or end result, the whole thing is left up to the personal interpretation of the two parties involved. Ones interpretation of the same conversation (oral contract) might legitimately vary from the others interpretation. If Stilmacher has any hope of satisfaction it would probably be on the basis of quality, which can be quantified to some extent, but is still open to interpretation.
The historical case that all you legal eagles are hinting around is Jacobs & Youngs v. Kent, or the "Reading Pipe" case. This should be required reading for any exacting and litigious customer, even though it carries virtually no weight these days.
oh, yeah, that's a good case to read, decision by cardozo, i think. although contracts was by far my worst subject, even if the contracts professor was one of my favorite professors. i think we read the case as part of the remedies, but i guess it is also