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Unwanted for sale sign
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The court will decide on the balance of probabilities whether or not the terms have been accepted and there are strong precedents for acceptance being based on an action of the acceptor (think how many times you have seen ‘installing this software constitutes acceptance of …..).
Perhaps, but there needs to be an action, not sheer inertia. Even your free software usually requires you to tick a box to confirm you've read the licence.0 -
Perhaps, but there needs to be an action, not sheer inertia. Even your free software usually requires you to tick a box to confirm you've read the licence.
Indeed, action has to be taken. For example if a letter said in someway, if I don't hear from you within 7 days I will assume that you are accepting the rental terms. A contract cannot be accepted based on the assumption of acceptance.
If the sign has now been removed, I wonder if the OP took a date stamped photo of the front of his property, every day for the "rental period". If he did not, then they could say it was either never there or removed immediately after they were contacted.0 -
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I hope OP takes this to court, but only because I want to hear the outcome.
But from OP's point of view it would be an expensive gamble....0 -
I hope OP takes this to court, but only because I want to hear the outcome.
But from OP's point of view it would be an expensive gamble....
I think the judiciary would take a dim view of it.
They really don't like being a first resort, so they certainly wouldn't appreciate some clever !!!! attempting to use them for personal gain in this way.0 -
If they go to court on the basis of their 'rental agreement' they will most likely lose.
If they go to court on the basis of trespass they will win.0
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