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To: ansel12
The six elements of a contract are easy to find by Googleing "Elements of a contract". Generally they are described as:

• An Offer

• An Acceptance in strict compliance with the terms of the offer

• Legal Purpose/Objective

• Mutuality of Obligation – also known as the “meeting of the minds”

• Consideration

• Competent Parties

There are hundreds of thousands of cases which have been decided based on these basic requirements. This is first semester business school stuff. Accept it or ignore it as you will. The world is not based on your concept of what your 'rahts' are.

178 posted on 09/03/2007 11:32:08 PM PDT by MARTIAL MONK
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To: MARTIAL MONK

None of that has anything to do with this thread.


179 posted on 09/03/2007 11:37:11 PM PDT by ansel12 (First, cut off them off from jobs, benefits and other fruits of our society, Feed attrition.)
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To: MARTIAL MONK

How does that figure in here...bag searches are post contract. The only leg the merchant has to stand on is shopper keepers privledge, which is very limited and does not include the searching of persons or possesions. My shopping in a store does not bind me to their policies or procedures.

A while back I filed on what was then my local school district. One of their defenses was that I had to go through their complaint process first since I had a child in the district. I pointed out that the complaint was from me, not the child, and local policy did not over rule the UFAS or ADA. They were most unhappy when they lost.

This case, like many, go against what is taught by the few pros in loss prevention. CC is going to lose big and their people involved will be fired, not defended. The vic’s refusual to show his license to the cop is a side show, and will not figure in the final result.


180 posted on 09/03/2007 11:39:57 PM PDT by Starwolf
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To: MARTIAL MONK; crazyshrink

If you have read this thread about this Ohio story, you must have seen post 108 and its link to the law.


181 posted on 09/03/2007 11:43:06 PM PDT by ansel12 (First, cut off them off from jobs, benefits and other fruits of our society, Feed attrition.)
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To: MARTIAL MONK

From the customer’s perspective, the six elements of a contract were completed at the cash register transaction in the case cited.

If the customer wanted to really get nasty, he could document the parking lot markings and traffic design, then take the large corporation to court for violating the MUTCD which is now been approved by most state legislatures, the same as the UCC is also approved by most states.

The merchant not only has to overcome the burden of proof regarding the transaction at the register, there is also the UCC to contend with, which if the merchant poses stipulative rules above and beyond the UCC, might be infringing upon the intent of state law authorizing the UCC.

I wonder if Circuit City could lose its Business licenses in that state over the issue.


205 posted on 09/04/2007 5:25:15 AM PDT by Cvengr (The violence of evil is met with the violence of righteousness, justice, love and grace.)
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To: MARTIAL MONK

BTW, I don’t intend to pick on you (although I’m right and you’re wrong ;^).... ) , but I’m also the first one to admit there is a lot of the law which I’m not intuitive about as I wish I might be.

It’s interesting how the Constitution allows our laws to blend so well with emerging/divergent culture.

UCC only came about in the 1950s and is frequently accepted as authoritative, I suspect probably because most people in upper middle business studied it in Business Law courses in college.

I have also noticed about 10 years ago, many of the elements within contract law used by the UCC, are not as commonly accepted by more recent law school graduates.

One aspect of business I have not been closely involved in, is how the multinational 100,000+ SF shopping center franchise networks develop their plans and policies. From speaking with Architects, I know some are designed on a case by case basis, yet their similarity implies a lot of cut & paste from past design. Their floor plans imply somebody has reviewed policies such as receipt checking and I would fully expect each chain has a number of law firms employed from each state to review particular legal issues in commercial law and codes.

For example, we notice how the large shopping centers are overtaking nearly all other markets with a one shop complex. Those complexes are also modifying the common culture and how business is conducted.

For example, many items no longer have a price indicated on them, other than a barcode. Even services, such as Kinkos fails to post their price schedules making it very awkward to shop and compare prices.

Policies such as ‘the customer is always right’, seem to also promote others such as Orchard Supply Hardware’s acceptance of any and all return merchandise without receipt or packaging. Customer beware, no longer seems to be the standard for many of these establishments, yet I wonder how the actual cost on public goods has been effected by these policies, as they might give that one merchant more market share, but increases theft and burglary in the community.

In the computer age, stores don’t always advertise their pricing, so the consumer model is greatly altered.

Automated check out lines vice checkers, large stores vs Mom & Pop stores, Home Depot and Lowes vs local lumber mills and hardware stores.

(Maybe I’m just getting old...er, sigh)


217 posted on 09/04/2007 5:52:43 AM PDT by Cvengr (The violence of evil is met with the violence of righteousness, justice, love and grace.)
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