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palani
19th March 2014, 06:51 AM
You engage in contracts. This is a fact. Many contracts are implied and by your actions you confirm them. Ordering a pie presumes you are going to pay for it when it is done. Other type contracts have a longer (apparent) duration. I say apparent because contracts are dynamic and terms change all the time. If you agree to these changes then fine and dandy but actually a change in terms is merely the beginning of negotiation for a new contract and more importantly a cancellation of the previous contract. Either party may change these terms.

One application of this concept is establishing a $21 silver dollar bond and sending it as a tender. If accepted then this bond becomes the new contract and a novation of the old contract (presuming there actually was an old contract to begin with).

Another application is when your property tax goes up. Granted that somewhere you agreed to property tax. Did you then agree automatically to each and every change made in this contract, either through millage rate or accessed value? I expect every change your city/county makes in your property tax is a new offer that cancels the previous contract that you have been paying diligently on for many years. When one of these changes is made to your billing get out your pencil and start negotiating because changes of this nature made unilaterally are nothing but a dictate. If the other party attempts to restate the terms of the contract THERE IS NO CONTRACT. Don't miss out on the opportunity afforded to change the terms to ones favorable to yourself.

palani
19th March 2014, 06:55 AM
Say you have a mortgage in the amount of $800 a month and can only afford to pay $400. If you send in a payment check of $400 do you believe it will be accepted by the bank?

Likely not. The thing is the bank will view this as a renegotiation of the contract. Offering a lesser sum creates a new contract and if they accept this lower sum they now have no basis for complaint (or seizure?). You see you have as much power to renegotiate any contract as the other party. Possibly even more power.