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As I've already proven, the definition of offer in both the legal and factual sense is not predicated on 1st party contact. As such, I have been offered a job both factually and legally.
Again, you have not proven anything. At no point have (read this carefully) you been contacted directly and offered a position with the company. Neither have you received any paperwork to start the hiring process. There is no job offer, which is what he is going to tell you today.
Quote:
Originally Posted by dysgenic
No, I wouldn't. But that is an apples to oranges comparison. I think you know that.
No, it's the EXACT same thing. Your friend got a text stating he had a job for the cousin and his friend (aka you). You've taken this as a legally binding job offer, which it is not. No more than my text to you would be. Again I recommend you seek legal council and give them the full details. Show them this thread for their reading pleasure. When they tell you that you have no case, what is the next step? Will you finally move on? All you're doing right now is preparing to dig a hole so big that you may never get yourself out of it.
Quote:
Originally Posted by dysgenic
Umm what? Show me where I've slandered anyone. Give me a break.
You haven't YET. But considering we all know the outcome of cornering the guy today, and based upon your actions thus far on here I don't think it's too far fetched to assume you would go off the deep end when you are laughed at, rejected, and then told you'll get no compensation for your assumptions. Which will likely escalate to slander and libel.
You haven't YET. But considering we all know the outcome of cornering the guy today, and based upon your actions thus far on here I don't think it's too far fetched to assume you would go off the deep end when you are laughed at, rejected, and then told you'll get no compensation for your assumptions. Which will likely escalate to slander and libel.
Unfortunately no matter what really happens today we will get a post saying how the man cowered and offered him a position and 5x the pay he expected and he can work from home and was given stock options and 20 weeks vacation.
Again, you have not proven anything. At no point have (read this carefully) you been contacted directly and offered a position with the company. Neither have you received any paperwork to start the hiring process. There is no job offer, which is what he is going to tell you today.
.
Paperwork is not a necessary criteria of an offer.
Neither is direct contact.
This is proven by the legal definition of 'offer' already kindly provided by another poster.
Quote:
No, it's the EXACT same thing. Your friend got a text stating he had a job for the cousin and his friend (aka you). You've taken this as a legally binding job offer, which it is not. No more than my text to you would be. Again I recommend you seek legal council and give them the full details. Show them this thread for their reading pleasure. When they tell you that you have no case, what is the next step? Will you finally move on? All you're doing right now is preparing to dig a hole so big that you may never get yourself out of it.
According to the legal definition of offer already provided, I did receive a legal offer.
Quote:
You haven't YET. But considering we all know the outcome of cornering the guy today, and based upon your actions thus far on here I don't think it's too far fetched to assume you would go off the deep end when you are laughed at, rejected, and then told you'll get no compensation for your assumptions. Which will likely escalate to slander and libel
My apologies for calling you dude. As to you justifying jumping through hoops, I think you are wasting money, time, and effort for nothing. You may be a business owner, but that doesn't necessarily mean that your hiring process is optimized. It seems to me that you are making an illogical argument predicated on an appeal to authority (your authority). Said another way- you are trying to use your status as a business owner to prove that you have all the answers. That's not rational.
Actually, I've proven that I did get both a legal and factual offer. I proved this using the legal definition of 'offer' supplied by another poster.
Thank you for advice, but I won't be taking a few hundred dollars.
I'm quickly losing interest in this thread, but you didn't actually prove you have a job offer using the legal definition.
Quote:
Originally Posted by dysgenic
a promise- ..."he's got the job" its terms - ..."he's got the job"
is contingent upon a particular act- (paraphrase) "have him call me next week, he has to take the course and complete it on his own dime."
in exchange for the original promise- "he's got the job"
Those aren't "terms" from a legal perspective. It's not specific enough to be enforceable(see terms as described below for contract, particularly requirements e-g, those are the terms required from the offer. Acceptance of those terms and exchanging of consideration(money/service) is what make it a contract) . Beyond the problem with the offer though, you still don't have an accepted contract so your points are irrelevant.
And to your earlier statement:
Quote:
Originally Posted by dysgenic
Your 'point' is not a 'point' at all as it is not backed up by the definition given by the source that you provided. That definition says squat about acceptance and it does not say anything about a right of recision, either.
Don't mix up "offer" and "contract." I'm bringing up both terms because you're saying he offered something and by not following through he's in "breach of contract".
The definition for offer doesn't require acceptance, the definition of contract does. As I said, you can't be in breach of a contract if there isn't a valid contract. As for the right to rescind, that's an established legal right except in cases of irrevocable offers(the limited cases of irrevocable offers being listed out at the bottom of the same page you quoted).
Still using that same page, click contract at the bottom:
Quote:
contract 1) n. an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. Since the law of contracts is at the heart of most business dealings, it is one of the three or four most significant areas of legal concern and can involve variations on circumstances and complexities. The existence of a contract requires finding the following factual elements: a) an offer; b) an acceptance of that offer which results in a meeting of the minds; c) a promise to perform; d) a valuable consideration (which can be a promise or payment in some form); e) a time or event when performance must be made (meet commitments); f) terms and conditions for performance, including fulfilling promises; g) performance. A unilateral contract is one in which there is a promise to pay or give other consideration in return for actual performance. (I will pay you $500 to fix my car by Thursday; the performance is fixing the car by that date). A bilateral contract is one in which a promise is exchanged for a promise. (I promise to fix your car by Thursday and you promise to pay $500 on Thursday). Contracts can be either written or oral, but oral contracts are more difficult to prove and in most jurisdictions the time to sue on the contract is shorter (such as two years for oral compared to four years for written). In some cases a contract can consist of several documents, such as a series of letters, orders, offers and counteroffers. There are a variety of types of contracts: "conditional" on an event occurring; "joint and several," in which several parties make a joint promise to perform, but each is responsible; "implied," in which the courts will determine there is a contract based on the circumstances. Parties can contract to supply all another's requirements, buy all the products made, or enter into an option to renew a contract. The variations are almost limitless. Contracts for illegal purposes are not enforceable at law. 2) v. to enter into an agreement
I don't care how much you were offered, however you hadn't said anything about being told a salary until I brought it up. The text interaction surely didn't contain that information. Even now though, "your friend" being told it probably wouldn't be sufficient. Just like a recruiter can't offer you a job and accept it for you, your cousin can't act as an intermediary. There needs to be direct interaction with the person offering the job, which has been absent from this entire thing.
And at the end of the day, no acceptance means no contract, and no contract means no breach of contract.
If you are who I think you are, you have a reputation also, and not a good one.
Oh well, I can see by this thread that you've not learned from your mistakes, so none of this is surprising.
Another assault on your record isn't going to look good though, so keep your temper in check today, mmmkay?
You don't even live in the same part of the country as I do. Please tell me why you feel justified in making this accusation against me.
This is an ad hominem attack.
According to the legal definition of offer already provided, I did receive a legal offer.
But you just said if I text you it wouldn't be a "legal" job offer. So which is it?
It's obvious the chip on your shoulder is almost too large to bear so you are looking for ways to get it off. This is not it. This will likely damage your chance at a career in more ways that you would care to imagine. I'd suggest listening to those of us who may have more knowledge in this area than you do. Whether you admit to it or not (now or after this "confrontation") you know the outcome of this as well as we do. So what is the purpose for pursuing something that could cause damage?
Paperwork is not a necessary criteria of an offer. Neither is direct contact.
This is proven by the legal definition of 'offer' already kindly provided by another poster.
According to the legal definition of offer already provided, I did receive a legal offer.
I'm not going to slander anyone.
Actually, direct contact is required unless you've signed a legal document giving your friend power of attorney.
Quote:
Originally Posted by nolo
Offer
An element required in the creation of an enforceable contract. An offer is a proposal to enter into an agreement and must express the intent of the person making the offer to form a contract, must contain the essential terms -- including the price and subject matter of the contract -- and must be communicated by the person making the offer. A legally valid acceptance of the offer will create a binding contract.
I'm quickly losing interest in this thread, but you didn't actually prove you have a job offer using the legal definition.
Those aren't "terms" from a legal perspective. It's not specific enough to be enforceable(see terms as described below for contract, particularly requirements e-g, those are the terms required from the offer. Acceptance of those terms and exchanging of consideration(money/service) is what make it a contract) . Beyond the problem with the offer though, you still don't have an accepted contract so your points are irrelevant.
And to your earlier statement:
Don't mix up "offer" and "contract." I'm bringing up both terms because you're saying he offered something and by not following through he's in "breach of contract".
The definition for offer doesn't require acceptance, the definition of contract does. As I said, you can't be in breach of a contract if there isn't a valid contract. As for the right to rescind, that's an established legal right except in cases of irrevocable offers(the limited cases of irrevocable offers being listed out at the bottom of the same page you quoted).
Still using that same page, click contract at the bottom:
I don't care how much you were offered, however you hadn't said anything about being told a salary until I brought it up. The text interaction surely didn't contain that information. Even now though, "your friend" being told it probably wouldn't be sufficient. Just like a recruiter can't offer you a job and accept it for you, your cousin can't act as an intermediary. There needs to be direct interaction with the person offering the job, which has been absent from this entire thing.
And at the end of the day, no acceptance means no contract, and no contract means no breach of contract.
You've given a bunch of opinions but no facts or evidence that prove that what you are saying is true.
Again, you are trying to complicate the simple. According to your definition, I received a legal offer.
The only way to refute this unassailable fact is to try and complicate the truth with irrelevant legal opinions that are outside the scope of the definition that you provided.
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