In my younger days, I was quite a letter writer! When a company upset me, I wrote a letter. Once, a local supermarket had a large banner proclaiming "GUARANTEED LOWER PRICES - WEEK AFTER WEEK." Just the week before, the Boston Globe carried a story about how our local market was actually charging higher prices to basically subsidize another of its stores in another town where there was competition (there was none in my town). So, I wrote a letter asking to take advantage of the guarantee as I knew prices weren't low. I remember asking, "Lower than what? Next week's prices?" I never got an answer, but the sign did almost immediately disappear. Since then, I haven't written many letters, but I am ready to resume.
I have been a long-time subscriber to our largest state newspaper, the (conservative) Union Leader. Today, there was a terse message and blank space where Dilbert usually appears; it reads: "Editor's Note: Due to content that some readers may find offensive, Dilbert will not run for the next four days." Uh, excuse me, but is there a breach of contract here? In exchange for my money, I am to receive a certain product, which includes a daily dose of Dilbert. According to The 'Lectric Law Library's Legal Lexicon: A contract is "an agreement between two or more competent parties in which an offer is made and accepted, and each party benefits. The agreement can be formal, informal, written, oral or just plain understood. Some contracts are required to be in writing in order to be enforced. (2) An agreement between two or more parties which creates obligations to do or not do the specific things that are the subject of that agreement" (perhaps the term 'competent' may come into play here, but...). Here I am paying my money with a certain expectation, and it isn't happening - at least for four days. As a result, I am going to write and ask for a refund for those four days. I usually get what I want - as Davy Crockett supposedly said, "Be sure you're right, then go ahead." I'm off to do just that.
Later.
Tuesday, March 11, 2008
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