Timothy
Valparaiso,#2Consumer Comment
Mon, April 18, 2005
Keep the confirmation order, you may need it in the future. Here's why. If no magazines are to be sent until you sign the confirmation, a court would probably find that this confirmation was the contract, and that your signature would represent your final acceptance of the deal. Therefore, with no acceptance of the contract form, there is no binding contract, and you owe them nothing. If they attempt to pursue collections, let the collection agency know that this contract was never finalized as the confirmation order was never completed. If they try to tell you that you entered into a valid verbal contract, ask them if they have ever heard of the parol (pronounced like "peril") evidence rule, which states that, where a written contract exists, evidence of an oral agreement will not be admitted in court except for under very limited circumstances. There are a few other contract theories whereby you are not liable for this uncompleted purchase, including the fact that the price on the confirmation order was different from that given over the phone; this would represent an offer to modify the terms of an unperformed contract and could thus nullify the original agreement. Only a lawyer can fill you in on your rights here, and I am not a lawyer, so don't take my word as competent legal advice. Good luck!