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Sender:
Joshua Getzler
Date:
Wed, 8 Nov 2000 00:15:49
Re:
Fast bucks & free acceptance

 

What is the nature of the contract(s) allowing a premium charge to be levied for each call? I guess the caller is charged under a contract with the telephone company, and a separate contract made between the said company and the addressee of the premium line for the addressee to be paid the caller's excess or premium payment to cover the addressee's business costs in answering calls. It could be implied into the second contract a term that the premium payment should be generated for that specific business purpose, on the basis that the telephone company is acting as a collecting agent for the addressee's business said expenses in answering calls.

I mean implied-in-fact contract for the second contract- so don't get too upset you unjust enrichment theorists.

Could Continentals invoke abuse of rights doctrines?

 

JSG


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