Thursday, July 11, 2024

Letter versus Spirit: contracts for better or for worse

 

     It’s been more than a month since my last blog. I have been avoiding it because I really prefer to write them on my iMac. I have now given in and am writing on my iPad. I love my iPad but its worst abilities are associated with files and writing. Still, it’s all I have right now. Why, you may ask?

     In short, I was scammed. At the end of February, our landlord informed us they were selling our rental townhome at the end of our lease. We requested, and obtained, an extra month so we could be there for one of our son’s graduation from college. (He now has a BS in Computer Science — but cannot yet find an entry-level position that doesn’t require experience.)

     Time to get packing — and find a mover for a very popular time to move. First estimate was very high. Received another estimate saying that, for the same cubic footage, they would charge 2/3 the price. Better Business Bureau (BBB) rating A+, Department of Transportation (DOT) record clear, trustpilot 4.0, found a Google rating for a company of the same name at 4.0. Sounds solid, right?

     We had our household goods packed and taken away — we assumed to be shipped. Our household goods were delivered yesterday, on July 10. Yes, that is 6 weeks — 42 days. We have spent half that time on the floor in sleeping bags and half on slowly leaking air mattresses. Cooking was shifted to eating out for a few days and then Goodwill shops were hit for inexpensive necessities and friends loaned us a few things. Not easy, but considering how much so many other people are suffering, still pretty good.

     So, how could this occur? Ah, that ubiquitous contract. Like the EULA, it is presented as a fait acompli. And, it is presented at the point when you have persuaded yourself you just have to have the service/product offered. Even if you read all of the “fine print”, the implication is that this just applies to edge cases. So, you “sign”. And, most of the time, that’s okay. All turns out well.

     It turns out well if both parties strive to achieve the basic purpose of the contract — but that “fine print” gives lots of leeway, and escape paths, for the originator of the document. The “spirit “ of the contract is not fulfilled, but the “letter” is. Thus, this 42 day delivery is covered by the contract — but totally ignores all commitments and the basic purposes of the transaction. After two weeks, I reread the contract slowly and carefully. It says “any verbal promises, assurances, or remarks have no validity”. In other words, everything said by the person persuading you is just “hot air”.

     So, read the contract or not — if both parties are striving to perform well and fairly then those items in the “fine print” won’t matter. And if they do NOT plan to deliver as desired then that “fine print” may be grist for the lawyers but it won’t do you much good except to recognize the worst, still legal, things they might do.

Anchors Aweigh: The Costs of Accumulation

       Almost ten years ago (December 31, 2015), I wrote about " the houseboat philosophy ". A summary would be that houseboats ca...