Lidl parking

[michael adams]

Unfortunately for you, while it may seem irrelevant to you, given your seeming lack of understanding of the point at issue, it isn't irrelevant to me, nor to anyone else actually following the thread I'd imagine.

Just because you say something is so, that doesn't actually make it so. You do know that, I take it ?

So why exactly do you think I specifically wrote "As to Beavis" ? If not to differentiate Beavis from the present case ?

Your point is answered in my very next paragraph which again you've snipped.

As if that should come as any sort of surprise to anyone, I suppose.

michael adams

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[Tim Watts]

Which would be an unauthorised transaction and a) would be reversed by the CC company and b) be theft and/or fraud.

[GB]

That threw me for a second! :)

[michael adams]

Indeed. But the customer might not necessarily be aware of that fact; that's the point.

What's being considered here are grounds which he might reasonably give, for not wanting to disclose his CC card details.

The fact that in not so doing he may be gravely inconveniencing the parkco, deeply regrettable though that might be, is their problem, not his.

michael adams

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[Tim Watts]

I agree.

[DerbyBorn]

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Hence there is an appeals process.

[tim.....]

In the same way that people enter into "contracts on a stick" all the time - and not just with parking. Sorry, that ship sailed a long time ago. Commerce would simply fall apart if such contracts were not enforceable.

The promise[1] to spend some money in the store.

What is it that you don't understand about this consideration thing?

tim

[1] in the legal sense

[michael adams]

How exactly has a non Lidl customer promised to spend money in the store ? [2]

What is it, that you don't understand about the word "non", in the phrase "non Lidl customer ?

michael adams

[2} " If only one party offers consideration, the agreement is not legally a binding contract".

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[tim.....]

because that's the parking "contract" that they agreed to (by the act of actually parking, knowing that this was a condition)

In order to use the parking, they have promised to become one.

You can't rewrite the core provisions in "contracts on a stick" to your convenience, you either abide by them, or go elsewhere. The act of not going elsewhere binds you to those provisions.

Both have offered consideration

the fact that in your scenario the second party doesn't intend to honour his doesn't mean that the contract doesn't exist.

it means that that party is in breach and can be sued for damages

tim

[michael adams]

They've done no such thing.

Just as Lidl offers free parking for the convenience of their customers, so many banks still maintain branches and offer a counter service for the convenience of their customers too.

Are you seriously suggesting that if men in stocking masks with sawn off shotguns rush into one of those branches, thus taking advantage of this facility, fire shots into the ceiling and jump over the counter and threaten the staff, what they're really doing is "promising to become customers" too ?

michael adams

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[tim.....]

Yes they have

It is part of the contract that they have agreed to, by the act of parking. BTW The contract that you have agreed to is "on display". It isn't just a theoretical invention - you seem to have missed this fact.

As before, you can't just pick and chose whether to agree to individual bits of a "contract on a stick".

It's either: Park there and accept it all, or reject it and go elsewhere

The argument of "I don't accept this contract but I am going to take whatever is offer (in this case the parking) anyway" is well tested in law and is a losing argument.

There is no analogy here.

there is no "consideration" on offer to you by the act of walking into a bank.

There is with a parking space. the offer of parking your car

There is no such contract with the bank. It is purely your invention.

There is no "here is the contract you agree to on entering" displayed in the bank premises.

tim

[michael adams]

Oh yes there is ! In cold weather bank branches are heated for a start, and provide seating all year round for the comfort of their customers. Are you saying that if, in cold weather, tramps started walking in off the street and started availing themselves of this warmth and this seating the staff in the branch would simply let them stay there ?

So the tramps can stay as long as they like then ?

michael adams

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