As previously noted, a Person (whether a Natural Person or a Corporation) operates 100% in commerce. So what? Since it’s a commercial entity, it can be considered that anything presented to the Person is effectively an offer to do business whether it be a benefit, a charge, a Notice, a verbal communication etc. The Person’s response and actions will determine whether the offer is accepted or rejected, for example there are four ways to handle an offer:
- Acceptance. Accepting the offer with all conditions enclosed therein,
- Rejection. Rejecting the offer. This can create a controversy that requires intervention from an adjudicator. Objecting to the offer will have a similar impact – isn’t this what legal professionals tend to do? It then becomes the responsibility of the “referee” to decide if the objection has merit,
- Remaining Silent. This can be considered tacit acceptance to the offer, and
- Conditional Acceptance. Legally rejects the offer and places a new offer on the table.
From Legal Dictionary:
In contract law, a proposal made in response to an original offer modifying its terms, but which has the legal effect of rejecting it.
A counteroffer normally terminates the original offer, but the original offer remains open for acceptance if the counteroffer expressly provides that the counteroffer shall not constitute a rejection of the offer.
A conditional acceptance needs to be clear that the original offer’s terms and conditions are rejected (if that’s the intent of the counteroffer) and new terms are now under negotiation. This needs to be expressed in the counter-offer as well as returning the original offer paperwork to the offerer (original offer paperwork and envelope to ensure certainty and clarity).
Examples of Conditional Acceptances in the Private will covered in a later post.
A note from the author: A common theme on the internet over the last several years is engaging authorities with regard to traffic related infringements on the side of the road. Whilst the author takes no position on such engagements, there are several considerations to be aware of if attempting to counteroffer at the side of the road:
- Law enforcement will usually not comprehend the nature of such language from a Driver,
- The driver (a Person) is in a state registered (legally owned) vehicle, thus a presumption will exist that the driver and vehicle are in a public (state) jurisdiction,
- The driver will (usually) hold a state owned license,
- There is a presumption that the driver and vehicle must operate within the relevant road rules/statutes,
- Engaging an authority (an implied trustee for the Person/Public trust) at the side of the road contains a high amount of risk, and
- Emotions can escalate and you may not be on top of the game to engage effectively.
It may be far better to resolve an infringement later in the private (or even in the public) via an administrative process. Hence, an alternative when engaging a public authority on the side of the road is to be as polite as possible and assist lawenforcement – you are representing Mankind.