[nagdu] Ownership & consideration

Tue Mar 3 14:56:29 UTC 2009

Hi Marion,

To have a valid contract, one needs:
1. offer
2. acceptance
3. mutual assent
4. consideration

Mutual assent is typically known as a "meeting of the minds," which
really is that some sort of discussion (no matter how small) has taken
place.

Consideration has two parts: "bargained for; legal detriment."  The
consideration must be "bargained for," which is mostly easily expressed
in a price tag, but it does not necessarily need to be such.  "Legal
detriment" means doing something you are not obligated to do or
refraining from something in which you are allowed to do.  

In other words, "I will pay you $100, if you cease guitar playing for
the rest of your life."  Not withstanding the fact that it is a rotten
deal, consideration is present because I have "bargained for" using $100
to get you to refrain from something you are absolutely allowed to do
(i.e., playing the guitar).

Typically, the lack of monetary consideration (like the $1 in Marion's
example) shows lack of "bargained for," and therefore, the transaction
may be seen as a "gift," which has all kinds of issues of its own.

I don't remember what was in my Seeing Eye contract, but I imagine that
the $150 certainly is consideration for my signature on the contract and
the school giving me full ownership upon graduation.  However and not
speaking on behalf of the school, I think the $150 is more of a show of
commitment on behalf of the handler than it is consideration, though in
the legal world, it is both.  The fact that a dog is not "given" to you
as an entitlement and that you had to make some sacrifice for the dog is
powerful, and I believe as a father of two youngsters that paying for
something yourself (or working to raise the money/sponsors to purchase
an item) will directly reflect in the manner in which an individual will
treat the purchased item.

I hope this doesn't muddy up the already cloudy waters.

Craig

Craig Borne
NHTSA/DOT
(202) 493-0627 
craig.borne at dot.gov

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
Behalf Of Marion & Martin
Sent: Tuesday, March 03, 2009 7:58 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: [nagdu] Ownership & consideration

Dear All,
    Perhaps the legal eagles on this list can give us information about
the 
requirement for "consideration" in a legally binding contract for
ownership. 
I once bought a boat from a local police department that had washed up
on 
shore and no one claimed it. After about two years of sitting behind
city 
hall, I asked if I could buy it. I was charged $1.00 and given a title
to 
the boat. The explanation was that, in order for the sale to be a
legally 
binding contract, I needed to give consideration; otherwise, after I
fixed 
up the boat, someone could come back and claim it as theirs and I would
have 
absolutely no right of ownership. How does this apply to ownership of
our 
guide dogs?
----- Original Message ----- 
From: "Buddy Brannan" <buddy at brannan.name>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Monday, March 02, 2009 12:25 PM
Subject: Re: [nagdu] O&M, Ownership, & Leader

>
> On Mar 2, 2009, at 11:57 AM, Nicole B. Torcolini wrote:
>
>> Also, are there any other schools that charge a fee for ownership? I 
>> don't
>> really like that idea.
>
> I'm curious--what is it exactly that you don't like about that idea? 
> Should we as blind people just get free stuff as a matter of course?
>
> But to answer your question, Fidelco also has, I believe, a $150 
> donation. It is,at least, a very strong suggestion if not an outright 
> requirement.
>
> --
> Buddy Brannan, KB5ELV - Erie, PA
> Phone: (814) 746-4127 or 888-75-BUDDY
> Create your own economic stimulus package:
> http://www.powermall.info
>
>
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