Electronics > Manufacturing & Assembly
Shame on Rochester Electronics
TimFox:
I'm not sure that an immediate transaction of 25p one way and a packet of crisps the other way with nothing in writing constitutes a contract in common law or the commercial code, but I could be wrong.
The essential bits to make a valid enforceable contract are: (from https://www.law.cornell.edu/wex/contract )
Mutual assent, expressed by a valid offer and acceptance.
Adequate consideration (each party receives something of value, e.g., payment in cash one way and delivery of goods or service the other way).
Capacity (both parties are of legal age and sound mind).
Legality (no hit-man contract can be enforced).
Normally, a contract is entered into in advance of its being fulfilled (e.g., when I order something to be delivered in 14 days, and paid for within 30 days after that).
Simon:
shop keeper displays goods and price - willingness to sell
Buyer takes crisps to counter and hands over money - willingness to buy
Shop keeper allows you to leave with the goods and keeps the money - contract was executed.
It's a silly example but it's the same sort of basis. Now your tuck shop owner does not give you a piece of paper full of terms that state that until you leave their premises they can rush over to you, give you your money back and take the crisps off you. Larger sales are a bit more complicated.
TimFox:
With respect to the topic, the vendor normally writes terms of the contract from his side (found in the boilerplate), which typically contain weasel-phrases such as "force majeure" to avoid liability for failure to perform on time.
If the contract has binding terms for price and delivery, the vendor can be made to pay "general", "consequential", "reliance", or "expectation" damages, or to do "specific performance" (do what they were originally supposed to do).
Breach of contract is a civil case, not criminal. Wimpy's offer "I would gladly pay you Tuesday for a hamburger today" is a contract, but verbal contracts are worth the paper they are written on.
tszaboo:
--- Quote from: TimFox on July 28, 2021, 07:28:19 pm ---What I remember from my employed days was that "acceptance" of the purchase order by the vendor completed the contract. I don't think we bothered with this on orders from Digi-Key, etc., but certainly for major items we bought and sold. We did reference the quotation with price and delivery in the purchase order.
--- End quote ---
Exactly. If I have a quote, and I send a purchase order, that makes a contract. They don't have to accept a purchase order if it is according to the quote, the fact that it was delivered is enough.
That's why companies use FAX even now. It produces something on paper at both sides, and you can produce evidence that the paper is received.
Good example:
https://en.wikipedia.org/wiki/Posting_rule
Simon:
to make it binding I bet they have to acknowledge the order. That is why you here nothing.
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