No, if I offer you $100 and knowingly allow you to start building, there is
a contract, nothing implied about it. It's verbal, to be sure, but it is
still enforceable upon sufficient proof of the agreement.
If I offer you $100 and you go off in secret and build the dog house, then
whether I like it or not, I am bound by that as well, unless I withdrew the
offer BEFORE you substantially embarked upon building it. Acceptance by
performance. THAT is a unilateral contract. Whether people like the fact
that it's called unilateral or not is immaterial; it's legal jargon. If you
say "unilateral contract" to a contract lawyer, that's what (s)he'll assume
you mean.
_Waddams on Contracts_ is a good reference.
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Tom Rittenhouse
Sent: April 23, 2001 11:48 PM
To: [EMAIL PROTECTED]
Subject: Re: Or Best Offer: a misleading--and dishonest--phrase
If you read what you wrote, there is an implied contract in
force once you say you will pay me $100 and you let me start
building the dog house. OTOH, if you offer me the $100 and I
come back next week and say I accept your offer, you can say
you changed your mind, there is no contract until both
parties agree at the same time, otherwise they are just
negotiating.
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