Quote:
Originally posted by Pipecrew
I suggest you take a course in contract law, before you attempt to make yourself look smart
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I took two courses in contract law - I have argued successfully cases by myself in Maryland District Court, Maryland Circuit Court, and wrote a 131 page brief for and argued before the Maryland Court of Special Appeals which overturned a lower court's decision. I have also filed successful motions in US DItrict Court. Not all of these - in fact most were not contract related, but I know the basics of business law and how to look it up anything I don't.
"An offer, and the resulting contract, must be definite and certain." Brumback v. Rensselaer, 126 App Div 2d 841 (1987)
This contract is not.
The contract does not offer a specific consideration, which is required.
http://www.bizcoach.org/contract.htm
You could argue that what they have said is consideration enough, but I disagree and believe it is part of the offer and must be definite - as there is no reason for their not to be.
No one can honestly say that any lawyer in his right mind would advise a client to agree to something that doesn't state how much they are getting.
I am sure oxcash is an honest company. That is not the point. If they are going to put all that legal stuff in their to protect themselves - they should put in one line about what you get.
I wasn't trying to "look smart" - just pointing out what I thought was common sense - an agreement should have either how much I get paid in it - or refer to it in another schedule. I thought maybe they had it posted somewhere else.
People are free to laugh and make fun for me being picky, but in many cases these are the same people that will argue it is ok to fuck the surfer with dialers (I'm not against dialers) because they didn't read the fine print. I did read the fine print - and it says sell our stuff and we will pay you. All I want is for it to say how much. What if they didn't pay me and I wanted to sue them? I am not in anyway suggesting they wouldn't, but what would I sue for - 50% The first question out of the Judge's mouth is going to be - where does it say that? The second will be why did you agree to that when it didn't have a price listed?
Again, I have nothing against oxcash - all I wanted was a response pointing me to where this was on their website. They have obviously gone out of their way to comply with the law - their 2257 warning is one of the most thorough I have seen. I am just looking for the obviously missing part about what I get.