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Old 07-02-2004, 09:57 AM
lithmus2
 
Posts: n/a
Acceptance for value

Quote:
Originally Posted by seizeliberty
I agree, the Restatement should not be quoted as Law but I think it is a great tool for understanding contracting and how all this really works.



I think the point of all this (the example taken from the Restatement) was to illustrate what the acceptance letter accomplishes. That being: setting "them" up to fail in a big way.



First, you are unconditionally accepting the offer thereby completing the contract, removing controversy and controlling the contract.



Second, you are requesting they do some accounting, i.e. adjust the account.



Third, you are requesting they prove they have authority to make the offer and to prove they have a claim of title. This is implied but they can't come up with the proof.



Yeah, and if they can't then they are trying to do a Fradulent act right?



Not only do they not accept your acceptance, they don't adjust the account and they don't prove their authority/claim.



They dishonor/default, we win!



No?




I think so



-lithmus
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