On Thu, 21 Mar 2013 23:50:02 +0000, Zapp Brannigan put finger to keyboard
and typed:
>
>"Norman Wells" <
h...@unseen.ac.am> wrote in message
>news:B1M2t.290832$zx2.2...@fx29.fr7...
>> Zapp Brannigan wrote:
>>> "Norman Wells" <
h...@unseen.ac.am> wrote in message
>>> news:uOK2t.98713$zh5....@fx22.fr7...
>>>> Simon Finnigan wrote:
>>>>> "Norman Wells" <
h...@unseen.ac.am> wrote:
>
>>>> As I said, you're offering nothing of any value. Hence, there is no
>>>> consideration and no contract.
>>>
>>> The sign on the gate might have to say "For advice on winter driving,
>>> please knock - fee £50". If you open the door to an unwanted caller,
>>> tell them to remember de-icer and keep some warm clothes in the car,
>>> and then ask for the contracted fee.
>>
>> That wouldn't form a contract either. It doesn't exclude others knocking
>> on the door for other advice or any other purpose.
>
>Very well, Simon's larger sign will now say :
>
> "Private Property, No Entry excepting for Paying Clients"
> "Implied License to Enter is Repudiated, Void and Withdrawn"
> "Entry for Paying Clients Only - £50 for Initial Consultation"
> "Do Not Enter Unless You Agree to Contract for This Charge"
> "For Advice on Winter Driving Only, Please Knock - fee £50".
That would certainly have the effect of withdrawing the implied licence,
but I don't think it would do any more than make the person ignoring it a
trespasser. I don't think it would be enough to form a contract.
>It's the same principle as a pay & display car park - if you choose to use
>the service after being informed of the charge, then you've contracted to
>pay it.
Yes, but if you deliberately leave a car on private property then you have
demonstrably parked it[1]. You have, therefore, unarguably carried out the
act which is stated to lead to a contract. But someone knocking on your
door, even with a notice such as the one you suggest, may still have other
motives besides asking for winter driving advice. And, while it would, of
course, be on the balance of probabilities (being a civil case), if they
could convince a court that they had some other motive for knocking - even
if in so doing they accepted that they were trespassing - then no contract
exists.
For example, if, when you open the door to them, they say "I haven't come
to ask for driving advice - I've come to let you know that your fence has
blown over in the wind last night" then no contract exists. They may still
be trespassers, but that's all.
[1] Although, in this context, it's worth noting that a broken down car is
not considered to be parked, at least provided that the driver or owner is
making all reasonable efforts to remove it as soon as possible. That is,
for example, a defence against being ticketed for a yellow line offence. So
even a contract for parking normally accepted by action is not, in fact,
accepted if the motive for leaving the car there is for a purpose other
than parking it.