honor & dishonor

[seeker]

In honor dishonor you have four options --



1. Accept and carry out

2. Accept and redraft (conditional acceptance)

3. Argue and dishonor

4. Remain silent (and accept by tacit agreement)



To be presented a draft and refuse, is to dishonor (in essence, #3 --- but to reject and redraft -- is in honor (conditional acceptance). The opposition can then do one of four things .... and so it goes. It is said that all cases/incidents are nothing more than two parties in the process of reaching an agreement. Think about it -- Some recent stuff I have been reading says that court disputes are settle something like 98% of the time through plea bargain -- and what is a plea bargain? The agreement of two parties --- some additional thoughts on that is that only the two parties are relevant -- even in court -- because some how, some way, the two parties have to be brought into agreement. Interesting stuff.



seeker

[iamfreeru2]

Seeker,



I agree with your post, but would like to add that #4, silence, is also a dishonor. When someone is silent it usually requires an NP (evidence) to prove the agreement of the parties by stipulation.



iamfreeru2

[KaosTheory]

So you both are saying that if you make me an offer to contract and I decide not to consent, then I have dishonored you?

KaosTheory,



Of course not. [sorry for jumping in the middle of the post iamfree and seeker] No one can be forced into a contract against their will. But honor/dishonor are commercial law terms. These terms are used only once a contract is already in place somewhere. Notice seeker's post (body) begins with "presentment of a draft". If someone is presenting a draft, there is already a contract in place between the drawer of the draft and the drawee, the drawer and the payee, and maybe others as well depending on the complexity of the transaction. The "agreement" that is being referred to is in terms of a settlement of the account(s), not as to contracting with new parties. Hope that clarifies things.



-squirrels

[KaosTheory]

Thanks Squirrels,



Very informative answer. I didn't think that you were jumping in. Your post was on point and very helpful.



I think some confusion comes in, concerning the meaning of the word "draft" and maybe equating that word with "offer".



KT