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Re: The GPL dream is finally over!

From: Tim Smith
Subject: Re: The GPL dream is finally over!
Date: Sat, 16 Aug 2008 12:20:57 -0700
User-agent: MT-NewsWatcher/3.5.3b2 (Intel Mac OS X)

In article <>,
 Rjack <> wrote:
> "That the government's promise to issue the loan guarantee was
> contingent upon High Plains and Wells Fargo's performance of
> numerous conditions does not make the promise any less binding.
> Indeed, the essence of a unilateral contract is that one party's
> promise is conditional upon the other party's performance of
> certain acts and when the other party performs, the first party
> is bound. See M.K. Metals, Inc. v. Container Recovery Corp., 645
> F.2d 583, 588 (8th Cir.1981) (" '(a) contract condition which
> qualifies a duty of performance by a party does not make the
> existence or validity of the contract hinge on the condition' ")
> (citation omitted); Moratzka v. United States (In re Matthieson),
> 63 B.R. 56, 60 (D.Minn.1986) ("[A] condition precedent is a
> condition precedent to performance under the contract, not
> formation of the contract. When a condition precedent is not
> satisfied, it relieves a party to the contract of the obligation
> to perform. It does not negate the existence of the contract or
> the binding contractual relationship of the parties."). Although
> these cases did not involve unilateral contracts, they set out a
> general principle of contract law concerning conditional
> performance that is applicable to all types of contracts." WELLS
> FARGO BANK, N.A., v. The UNITED STATES; 88 F.3d 1012 (CAFC 1996)

However, first you have to have a contract.  With an offer looking to 
form a unilateral contract, it is offeree's performance that acts as 
acceptance of the contract.  If offeree does not perform, as specified 
in the offer, there is no acceptance, and hence no contract.

--Tim Smith

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