Counter Offer or Fraud? -Boston, Massachusetts

[watchingcareful]

The following is an abstract description of the scenario.

A Buyer receives a form from a seller used to place item orders by mail or fax.

If the buyer wants to place an order he must submit the form, signed, with item and payment information.

The buyer feels many of the terms on the form that he must agree to are not favorable to him.

The buyer modifies the form to terms he feels more comfortable with, and submits the signed form, along with payment for the items the buyer wants.

The seller processes the order, and delivers the items to the buyer.

Later the seller tries to enforce terms that were on the original order form upon the buyer. The buyer provides proof to the seller that the order was accepted on the modified terms he submitted with payment.

The Seller sues the buyer claiming the buyer acted deceptively or fraudulently in submitting a modified form.

Assume both the seller's original terms, and the buyer's modified terms would be enforceable ordinarily.

Question: Did the buyer in fact behave fraudulently, or were the actions of the buyer simply a contractual counter offer that the seller perhaps carelessly accepted?

[AFFA]

Re: Counter Offer or Fraud? -Boston, Massachusetts

I wish to inform you that the contract is complete when there is an offer and an acceptance. In this case, you made an offer by revising the terms, made the payment and accepted the goods. You should have made the payment after the seller had accepted your terms. If it was written on the printed form received that the terms stated on the form could not be modified but you made the cuttings, put your signatures and made the payment and accepted the goods then the seller may have some grounds to make a case against you on the original terms. The acts of the parties are also to be considered in the execution of the contract.

AFF

[Friend In Court]

Re: Counter Offer or Fraud? -Boston, Massachusetts

The following is an abstract description of the scenario.

A Buyer receives a form from a seller used to place item orders by mail or fax.

If the buyer wants to place an order he must submit the form, signed, with item and payment information.

The buyer feels many of the terms on the form that he must agree to are not favorable to him.

The buyer modifies the form to terms he feels more comfortable with, and submits the signed form, along with payment for the items the buyer wants.

The seller processes the order, and delivers the items to the buyer.

Later the seller tries to enforce terms that were on the original order form upon the buyer. The buyer provides proof to the seller that the order was accepted on the modified terms he submitted with payment.

The Seller sues the buyer claiming the buyer acted deceptively or fraudulently in submitting a modified form.

Assume both the seller's original terms, and the buyer's modified terms would be enforceable ordinarily.

Question: Did the buyer in fact behave fraudulently, or were the actions of the buyer simply a contractual counter offer that the seller perhaps carelessly accepted?

Without the buyer accepting the contract as written it is not a contract. He changed it. The seller shipped, indicating the seller accepted the changes, the contract as altered. He had a choice not to accept it, but he did. Seller is now wearing a tiny fastening tool in his chest. It is called a screw.