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Shroedinger's offer?

Shroedinger's offer?

Postby Hairyloon » Wed Aug 09, 2017 12:01 pm

A solicitor writes to a party about an agreement.
The party decides to treat that letter as an offer relating to the agreement, and such an offer sets in motion a course of action in accordance with said agreement.
The letter is sufficiently ambiguous that he is arguably entitled to do this.

The solicitor replies explaining that the approach was not an offer. The party rejects this assertion and seeks to treat the offer as binding.

The agreement sets out obligations on the party in the event of an offer, whether or not the offer is accepted. He does not fulfil those obligations.

Is he entitled to rescind on those obligations because the offer was not an offer, while at the same time treating the offer as an offer and seeking to enforce the agreement?
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Re: Shroedinger's offer?

Postby atticus » Wed Aug 09, 2017 12:08 pm

If there is no offer, there is nothing to accept.

If there is an offer capable of acceptance, and it is accepted, then other rules of contract law come into play.

If the letter is ambiguous, then the clarity required to constitute an offer may be lacking.

As to rescission or enforcement, if you believe you have a contract, you must choose. You cannot have both.
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Re: Shroedinger's offer?

Postby Hairyloon » Wed Aug 09, 2017 11:19 pm

atticus wrote:If the letter is ambiguous, then the clarity required to constitute an offer may be lacking.

Both parties have sought counsel on the question and it is still not clear. :roll:

As to rescission or enforcement, if you believe you have a contract, you must choose. You cannot have both.

That is what I thought, but modern physics claims that all possibilities exist simultaneously until they are observed, whereupon the probability function collapses... or some such crazy nonsense. :?

I did expect law to be more sensible than physics, but I couldn't be certain.
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Re: Shroedinger's offer?

Postby dls » Thu Aug 10, 2017 4:54 am

The letter is sufficiently ambiguous that he is arguably entitled to do this.


Isn't it an exact requirement of a contract that an offer be unambigously so? Being 'arguable', is like a steeplechaser decding to run argue with the hurdles rather than to hop over them.
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Re: Shroedinger's offer?

Postby atticus » Thu Aug 10, 2017 5:58 am

This thread is all yellow splodges and typical hairy bollocks. And it all took place more than 6 years ago. You are wasting your time, hairy. You should have dealt with this a very long time ago. You were probably right not to.

You say that you expect the law to be more sensible than physics. Well that is bollocks. The problem here, as so very often, is with what people have said and done. How on earth can you expect that level of certainty in construing circumstances that derive from a letter that you say is "ambiguous" and which "arguably" can be interpreted in one way. It is an absolute certainty that arguably it can be interpreted in at least one other way.

You say also that Counsel's opinion has been obtained, with the implication that you have not been given the answer you want. Any sensible person seeking Counsel's opinion would have provided all relevant documents and other information as part of the instructions, that is to say very much more than the impressions and yellow splodges which are all you have given us to go on. Any sensible person,that is.

If you want certainty, take your case to a county court judge. He or she will give you an answer. One of the possible answers may involve you paying costs.
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Re: Shroedinger's offer?

Postby Hairyloon » Thu Aug 10, 2017 10:15 am

atticus wrote:This thread is all yellow splodges and typical hairy bollocks. And it all took place more than 6 years ago. You are wasting your time, hairy. You should have dealt with this a very long time ago. You were probably right not to.


Imagine the problem is your wife's sister's: how big a row do you have with your wife over whether they deal with it?

You say that you expect the law to be more sensible than physics. Well that is bollocks.

Without meaning any disrespect, I think you may have fallen behind in your physics studies.
And if you want to make that argument, then do so, but everything you have said here so far suggests that my expectation was correct.

The problem here, as so very often, is with what people have said and done. How on earth can you expect that level of certainty in construing circumstances that derive from a letter that you say is "ambiguous" and which "arguably" can be interpreted in one way. It is an absolute certainty that arguably it can be interpreted in at least one other way.


I am reasonably certain that it is a binary question: the answer is one or the other; it cannot be something else.
But you are doing what you commonly do, which is to answer a question that has not been asked, although to be fair, you did first give a clear answer to that question.
You say also that Counsel's opinion has been obtained, with the implication that you have not been given the answer you want. Any sensible person seeking Counsel's opinion would have provided all relevant documents and other information as part of the instructions...

I trust that this was done. "All relevant documents", I think amounts to two and a telephone conversation. We can only guess at the content of the latter, but its content may have been relayed to the counsel for one side; might that account for the difference of opinion?
If you want certainty, take your case to a county court judge. He or she will give you an answer.

Will he? Or will he throw out the case through limitation?
If he does give an answer, can we be sure of certainty, or might the answer be appealed to a higher authority?

One of the possible answers may involve you paying costs.

One of the reasons why both sides are reluctant to ask the judge.
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Re: Shroedinger's offer?

Postby dls » Thu Aug 10, 2017 10:39 am

HL, do not get drawn into an argument with Atti.

Just ask how your own words ('ambiguously') can be consistent with the certainty required to produce a contract.
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