Alright, all you Commerce Clausers, take a break and turn for a moment to the subject of unilateral contracts. The Sixth Circuit yesterday decided an employment case turning on whether the employee had entered into a contract with her employer which compelled arbitration of certain disputes. Since there was no question that she hadn't signed one, the question was whether her continuing to work constituted acceptance of a unilateral contract. The majority of the panel said "yes". Circuit Judge Boyce F. Martin, Jr., dissented, relying in part on that learned jurist, Simpson, J., for a portrayal of how he (Martin) saw the facts of the case:
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).
Think I'm kidding? I like it.
Reminds me of what credit card issuers do.
