contract query

On Apr 5, 8:44 pm, s....RemoveThis@flashy.nut (Ian) wrote:
> hauntedri....RemoveThis@hotmail.com wrote:
> > On Apr 5, 5:48 pm, "andyandy68" <andyand....RemoveThis@gmail.com> wrote:
> ...
> > > No, it would not seem like that at all. You added nothing of value.
> > > I am correct, and you are wrong. If you do know about contract law,
> > > write something intelligent proving your point. If you don't (and you
> > > clearly don't), why not be an adult and admit you were completely
> > > wrong. For someone who claims to be a publisher to give out
> > > information as you did is just pathetic.
> ....
> > Twit PLONKed.
>
> I think Handy Andy's right, Chris. You put your signature to something,
> be it an IOU for two dollars or an agreement with a developer or a
> lease agreement, any court will uphold it unless you're a proven mental
> incompetent or if you had signed under duress or for fear of
> violence or something, or were under age at the time.
> Like an egg, it's binding.
> What's a contracts officer BTW?
> --
> Ian

Someone who works on the writing, tendering, award and running of a
contract. I worked on contract issues with both private businesses and
local authorities. Although the terms of the contract form the basis
of the agreement, any unreasonable terms can come back to haunt both
parties, especially where there is ambiguity over meaning.
 >> Stay informed about: contract query 

"Ian" <> The 'net is crammed full of the most absurdly incorrect and
misleading
> 'information', where you can find the answer that suits you : I choose to
live in and deal with the real world, and decide things on a plain old
commonsense basis.
>
In other words, you are an ignorant, close-minded ass. Laws change all the
time, and your common-sense, inbred retard philosophy would get a few laughs
in any court room.
 >> Stay informed about: contract query 

sanny67.DeleteThis@yahoo.com wrote:

> "Ian" <> If I was fool enough to engage in the infamous Nigerian scam, and
> then
> > went to a court of law and said I had been desperate enough for money to
> do so, do you really think I'd receive a sympathetic hearing?>
>
> http://www.google.com/search?hl=en&q=contracts+voided&btnG=Google+Search
>
> 1,140,000 results for voided contracts. One invalid sentence can void a
> contract. There are many other ways to invalidate contracts, and if you did
> any research or had half a brain you would know this.
>
>
>
>
Please don't waste my time any further with your "research' foolishness.
The 'net is crammed full of the most absurdly incorrect and misleading
'information', where you can find the answer that suits you : I choose
to live in and deal with the real world, and
decide things on a plain old commonsense basis.
So, returning to my original argument, if you knowingly sign an
agreement or contract, all other things being equal, you're stuck with it.
--
Ian
 >> Stay informed about: contract query 

On Apr 6, 7:35 pm, s....TakeThisOut@flashy.nut (Ian) wrote:
> hauntedri....TakeThisOut@hotmail.com wrote:
>
> ....> > What's a contracts officer BTW?
> > > --
> > > Ian
>
> > Someone who works on the writing, tendering, award and running of a
> > contract. I worked on contract issues with both private businesses and
> > local authorities. Although the terms of the contract form the basis
> > of the agreement, any unreasonable terms can come back to haunt both
> > parties, especially where there is ambiguity over meaning.
>
> Oh right, got it. I'd supposed it to be something on these lines. But I'd
> have thought they'd have their lawyer do that for them.
> --
> Ian

In my experience, the last people you should consult would be a lawyer
or a solicitor.....!

They talk authoritatively about case scenarios but if you try asking
them for a simple yes or no they usually ask for a month to think
about it and then decide to sit on the fence anyway. And when they win
it's because of their best efforts, but when they lose, it's the
client's fault.

I'm sure there's a higher number of politicians who come from law
backgrounds than any other profession, and with good reason.
 >> Stay informed about: contract query 

"Ian" <sum1 RemoveThis @flashy.nut> wrote in message
news:20070326.1930.3110snz@flashy.nut...
[snipped entire post]

I am a business transaction attorney in California. Ian asked in the
misc.legal newsgroup for an attorney's comments regarding this thread
because there are some arguments about basic contract law matters. I did
not read the contract posted by Ian because the discussion is about contract
law basics, not any specific contract terms. I have read through the thread
and noticed a few points that not accurate. Here are some general
principals.

Unreasonable terms will not make a contract unenforceable.

An unconscionable clause can make a contract unenforceable. Unconscionable
means that the inequity is so strong that it shocks the conscience of any
reasonable person. There are several other definitions, but the idea is
that unreasonableness isn't enough. And no matter how unfair the clause may
be, it is not voidable for unconcionability if the party seeking to
invalidate the contract had the ability to decline to enter the contract. I
haven't read this contract, but no matter how unfair it may be, if the
author is free to decline the contract because there are other publishers
available, the contract cannot be voidable for unconcionability.

Financial hardship is not duress.

One invalid sentence can make a contract void or voidable, but not always.

This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.

McGyver
Misc.legal
 >> Stay informed about: contract query 

That's a good clear statement of the facts, and I have no difficulty in
accepting it unreservedly. And thanks for taking the time to
provide it.
Looks as if the Law is, to some extent, prepared to help some of
the unwary and foolish out of a lousy deal.

Greyprof.RemoveThis@msn.com wrote:

> "Ian" <sum1.RemoveThis@flashy.nut> wrote in message
> news:20070326.1930.3110snz@flashy.nut...
> [snipped entire post]
>
> I am a business transaction attorney in California. Ian asked in the
> misc.legal newsgroup for an attorney's comments regarding this thread
> because there are some arguments about basic contract law matters. I did
> not read the contract posted by Ian because the discussion is about contract
> law basics, not any specific contract terms. I have read through the thread
> and noticed a few points that not accurate. Here are some general
> principals.
>
> Unreasonable terms will not make a contract unenforceable.
>
> An unconscionable clause can make a contract unenforceable. Unconscionable
> means that the inequity is so strong that it shocks the conscience of any
> reasonable person. There are several other definitions, but the idea is
> that unreasonableness isn't enough. And no matter how unfair the clause may
> be, it is not voidable for unconcionability if the party seeking to
> invalidate the contract had the ability to decline to enter the contract. I
> haven't read this contract, but no matter how unfair it may be, if the
> author is free to decline the contract because there are other publishers
> available, the contract cannot be voidable for unconcionability.
>
> Financial hardship is not duress.
>
> One invalid sentence can make a contract void or voidable, but not always.
>
> This answer must not be relied on as legal advice for the reasons posted
> here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
>
> McGyver
> Misc.legal
>
>
>

--
Ian
 >> Stay informed about: contract query 

hauntedriver.DeleteThis@hotmail.com wrote:

.....
> > What's a contracts officer BTW?
> > --
> > Ian
>
> Someone who works on the writing, tendering, award and running of a
> contract. I worked on contract issues with both private businesses and
> local authorities. Although the terms of the contract form the basis
> of the agreement, any unreasonable terms can come back to haunt both
> parties, especially where there is ambiguity over meaning.
>
Oh right, got it. I'd supposed it to be something on these lines. But I'd
have thought they'd have their lawyer do that for them.
--
Ian
 >> Stay informed about: contract query 

sanny67 DeleteThis @yahoo.com wrote:

> "Ian" <> The 'net is crammed full of the most absurdly incorrect and
> misleading
> > 'information', where you can find the answer that suits you : I choose to
> live in and deal with the real world, and decide things on a plain old
> commonsense basis.
> >
> In other words, you are an ignorant, close-minded ass. Laws change all the
> time, and your common-sense, inbred retard philosophy would get a few laughs
> in any court room.

You may be right! There, happy now?
And it's most unlikely I'll ever go to court and ask to have a document
rendered null and void, because as I think I said, I read anything I'm
asked to sign top to bottom *before* I sign on the dotted line, and
consult my attorney if there's anything I don't fully comprehend.
And I think you'd have found, incidentally, that if you hadn't burst
in hopping up and down and spouting childish vituperation like a
spoiled brat who can't get his own way,I might well have listened
to your argument, got confirmation somewhere and conceded the point.
Your method of conducting an argument won't get people to listen to you,
quite the reverse.
This correspondence is now closed.
--
Ian
 >> Stay informed about: contract query 

hauntedriver DeleteThis @hotmail.com wrote:

> In my experience, the last people you should consult would be a lawyer
> or a solicitor.....!
>
> They talk authoritatively about case scenarios but if you try asking
> them for a simple yes or no they usually ask for a month to think
> about it and then decide to sit on the fence anyway. And when they win
> it's because of their best efforts, but when they lose, it's the
> client's fault.

I suppose like most service providers, there are some few good'uns, and
if you find one, hang on to it.
Had a very good one in England for most of the Seventies, he dealt
with the legal side of all my house
buying/selling racket, very efficiently.
But over here, I've tried three general purpose attorneys and two
specialist ones over the last two
years, the first two were just clueless, and about as speedy as a barrel
of lead. And the third, who was excellent,moved his practise to
Arlington, too far for me to go
to see him. I'll start looking for another, though I don't really need
one so much now.
>
> I'm sure there's a higher number of politicians who come from law
> backgrounds than any other profession, and with good reason.
>
>
>
>

--
Ian
 >> Stay informed about: contract query 

"Ian" <the third, who was excellent,moved his practise to Arlington, too far
for me to go to see him.>>

I bet that getting away from a client like you was on his list of Top Ten
reasons to move.

>>I'll start looking for another, though I don't really need one so much
now.> >

YOU really are a retard. Maybe you should retain a lawyer today, just in
case you ever need one. Sounds like a good idea. You might need to pester
someone about your next publishing contract if you ever get a story
published.
 >> Stay informed about: contract query 

timmytumer58 DeleteThis @yahoo.com grinned vacantly and babbled:

> "Ian" <the third, who was excellent,moved his practise to Arlington, too far
> for me to go to see him.>>
>
> I bet that getting away from a client like you was on his list of Top Ten
> reasons to move.
>
> >>I'll start looking for another, though I don't really need one so much
> now.> >
>
> YOU really are a retard. Maybe you should retain a lawyer today, just in
> case you ever need one. Sounds like a good idea. You might need to pester
> someone about your next publishing contract if you ever get a story
> published.
>
>
>
Goodness, is this poor lad still stumbling around mumbling like a
village idiot, instead of hopelessly continuing his hopeless quest for
employment?
And, what makes you think I haven't beenpublished?
Lookingforward to your next unintentionally comical ravings, kid!
--
Ian
 >> Stay informed about: contract query 

Oh good! Here's young Timmy hopping in like an Easter bunny, to entertain
me once more with his shafts of wit and clever sense of humor.
timmytumer58 DeleteThis @yahoo.com wrote:

How delightful to see your dear little face again, Timmy.
You know, that soft down on your cheeks is doing alarming things to my
blood pressure!
> "Ian" < what makes you think I haven't been published?
> >
>
> I guess if you got published then there is hope for all retards. Thanks for
> making my morning brighter.
>
It probably needed brightening, with you being at the bottom of the
pyramid an' all.
Life is not much fun when you're out of work and have little spending
money, I know, But try not to let your troubles get you down. dear boy.
Things may improve for you one day.
My tragic mental deficiency was discovered when I was about six or
seven I believe.
A nice lady doctor once gave me a very hard test to do and then told me
my IQ was 70. I was very pleased about this until I found, some years
later, that the average is around 120.
I s'pose this is why I have never been able to achieve anything in life,
and why people speak to me very slowly.
<snip of somewhat incoherent section)
But to return to your worrying predicament, laddie.
I do wish there was some way I could help you out ....
Tell you what, how about you drop in to my place one evening, and we
could share a bottle of rather good wine I obtained recently?
Put on some soft romantic music, and maybe watch a couple of hard porn
videos, and discuss your unhappy plight.
Then, if you feel agreeable, for say twenty dollars, you could drop your
jeans and allow me to fondle these plump little buttocks of yours, eh?
If you're still willing, for another sixty you might let me thrust my
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============================================
--
Ian
(real name Hercule Gryptite-Thynne)
 >> Stay informed about: contract query 

"Ian" < if you feel agreeable, for say twenty dollars, you could drop your
> jeans and allow me to fondle these plump little buttocks of yours, eh?
> If you're still willing, for another sixty you might let me thrust my
>
Hey, I'm unemployed you know. Never mind the sixty, I'll do the whole deal
for twenty. I never let negotiations spoil the moment.
 >> Stay informed about: contract query