Contracts: December 2007 Archives

Homer's Law

By Administrator on December 18, 2007 1:42 PM | | Comments (0) | TrackBacks (0)

homer.jpg
A Judge in a recent  case cited to a rather unusual authority. A plaintiff had filed a wrongful discharge case against her employer. The defendant sought to compel arbitration, citing an arbitration agreement that plaintiff never signed. The majority of the court found plaintiff had assented to the agreement by continuing her employment. The dissenting judge disagreed, stating:"Without a signal that she understands that a contract is being made, how is one to know if she has truly accepted?"  The Judge used a footnote to cite his authority: "Homer Simpson talking to God: "Here's the deal: you freeze everything as it is, and I won't ask for anything more.  If that is OK, please give me absolutely no sign. [no response]  OK, deal.  In gratitude, I present you this offering of cookies and milk.  If you want me to eat them for you, please give me no sign.  [no response]  Thy will be done."  The Simpsons: And Maggie Makes Three (Fox television broadcast, Jan. 22, 1995).   Seawright v Amer. Gen. Fin. Serv., Inc.,

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