|
novation on checks
The novation, speaking from experience was likely on the back of the check. It took the form of an agreement that endorsing the check was acceptance of the final payment and settlement of the debt.
For a short while people were sending $10-$20 checks to get one registered into a two-year agreement with book clubs and record clubs. I would strike through the contract terms and cash the check. The offers quit rather quickly.
Some contact lenses hurt my eyes so I demanded a refund. The optometrist tried to put an agreement above the endorsement line that I would not sue him. I struck that through before cashing. The bank tellers discussed it briefly as though I could not do that. But they cashed it.
I am sure that tobacco companies are completely on the up-and-up and honest. Therefore they would have the plaintiff sign away the right to the full settlement amount. Rather than try to acquire the agreement constructively; they would acquire it explicitly (expressly).
The biggest enemy is conditioning. For instance the bank tellers were trying to convince me I could not strikethrough the agreement by novation. In the State of Colorado one can see the conditioning on the backside of the motor vehicle registration. There is a clause that says you have to pay $10 for not signing the agreement. Then below that is the agreement that you will have insurance on the motor vehicle registered.
If it were law, why would they feel the need to hold you to the contract?
Regards,
David Merrill.
|