[thelist] A Standard Contract for Web Designers
Teachout, Phlete
TeachoutPR at webfld.navy.mil
Wed, 5 Jan 2000 11:54:21 -0500
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> From: George Dillon [mailto:george.dillon@ukonline.co.uk]
> Sent: Tuesday, January 04, 2000 5:53 PM
> To: thelist@lists.evolt.org
> Subject: Re: [thelist] A Standard Contract for Web Designers
> [snipped]
> Meanwhile a quick answer to some early replies:
>
> - fleet - wrote:
>
> >Isn't what you want just what XML is designed to do?
>
> Sorry, look, no, I've tried but I just don't get it. What on
> earth (or at sea? =) do you mean? XML? How?
>
> Perhaps I didn't explain myself. I'm drafting a contract,
> as in a document, for me ('the Designer') and my clients
> ('the Client') to sign, saying they pay me so much ('the Fat
> Fee') to design and build their web site ('the Disaster'),
> with no nasty comebacks ('the Sanity Clause').
What I had in mind is something like the following (only MUCH, MUCH more
extensive)
!ELEMENT contract (agreement, consideration, free_will, capacity, act*)>
<!ELEMENT agreement (offer, acceptance)>
<!ELEMENT offer (#PCDATA)>
<!ELEMENT acceptance (#PCDATA)>
<!ELEMENT considerations (consideration*, exception*)>
<!ELEMENT consideration (#PCDATA)>
<!ELEMENT exception (#PCDATA)>
<!ELEMENT free_will (#PCDATA)>
<!ELEMENT capacity (#PCDATA)>
<!ELEMENT act*>
This example is based on the following definition of a contract found at
<http://www.waukesha.tec.wi.us/busocc/law/condef.html>
<quote>
Over the years, the common law courts developed a number of requirements
that a promise had to meet before it would be considered a contract.
These are:
1. an agreement (an offer and an acceptance of the offer)
2. supported by consideration (with some exceptions)
3. voluntarily entered into
4. by parties having capacity to contract
5. to do a legal act or acts.
</quote>
The XML FAQ <http://castor.ucc.ie/xml/#FAQ-ACRO> mentions:
<quote>SGML is the `mother tongue', used for describing thousands of
different document types in many fields of human activity, from
transcriptions of ancient Irish manuscripts to the technical documentation
for stealth bombers, and from patients' clinical records to musical
notation.</quote>
and
<quote>XML is an abbreviated version of SGML, to make it easier for you to
define your own document types, and to make it easier for programmers to
write programs to handle them.</quote>
Obviously, there would be regional and jurisdictional differences to be
considered; but I don't see why a very basic contract couldn't be described
via XML. If it served no other purpose, with input from this gang, it would
contain a very extensive list of "offers," "acceptances," and "exceptions"
and would be useful as a checklist.
Regards,
- fleet -
PS: Glad to find that I'm not the only one guilty of occassional lapses
into grumpyness! :)
> OK, sorry about this, everyone, but I'm feeling a bit
> paranoid and defensive.
[more stuff snipped - check the archives!]
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<TITLE>RE: [thelist] A Standard Contract for Web Designers</TITLE>
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<P><FONT SIZE=3D2>> From: George Dillon [<A =
HREF=3D"mailto:george.dillon@ukonline.co.uk">mailto:george.dillon@ukonli=
ne.co.uk</A>]</FONT>
<BR><FONT SIZE=3D2>> Sent: Tuesday, January 04, 2000 5:53 PM</FONT>
<BR><FONT SIZE=3D2>> To: thelist@lists.evolt.org</FONT>
<BR><FONT SIZE=3D2>> Subject: Re: [thelist] A Standard Contract for =
Web Designers</FONT>
<BR><FONT SIZE=3D2>> [snipped]</FONT>
<BR><FONT SIZE=3D2>> Meanwhile a quick answer to some early =
replies:</FONT>
<BR><FONT SIZE=3D2>> </FONT>
<BR><FONT SIZE=3D2>> - fleet - wrote:</FONT>
<BR><FONT SIZE=3D2>> </FONT>
<BR><FONT SIZE=3D2>> >Isn't what you want just what XML is =
designed to do?</FONT>
<BR><FONT SIZE=3D2>> </FONT>
<BR><FONT SIZE=3D2>> Sorry, look, no, I've tried but I just don't =
get it. What on</FONT>
<BR><FONT SIZE=3D2>> earth (or at sea? =3D) do you mean? XML? =
How?</FONT>
<BR><FONT SIZE=3D2>> </FONT>
<BR><FONT SIZE=3D2>> Perhaps I didn't explain myself. I'm =
drafting a contract,</FONT>
<BR><FONT SIZE=3D2>> as in a document, for me ('the Designer') and =
my clients</FONT>
<BR><FONT SIZE=3D2>> ('the Client') to sign, saying they pay me so =
much ('the Fat</FONT>
<BR><FONT SIZE=3D2>> Fee') to design and build their web site ('the =
Disaster'),</FONT>
<BR><FONT SIZE=3D2>> with no nasty comebacks ('the Sanity =
Clause').</FONT>
</P>
<P><FONT SIZE=3D2>What I had in mind is something like the following =
(only MUCH, MUCH more</FONT>
<BR><FONT SIZE=3D2>extensive)</FONT>
</P>
<P><FONT SIZE=3D2>!ELEMENT contract (agreement, consideration, =
free_will, capacity, act*)></FONT>
<BR><FONT SIZE=3D2> <!ELEMENT agreement (offer, =
acceptance)></FONT>
<BR><FONT SIZE=3D2> <!ELEMENT offer =
(#PCDATA)></FONT>
<BR><FONT SIZE=3D2> <!ELEMENT acceptance =
(#PCDATA)></FONT>
<BR><FONT SIZE=3D2> <!ELEMENT considerations (consideration*, =
exception*)></FONT>
<BR><FONT SIZE=3D2> <!ELEMENT consideration =
(#PCDATA)></FONT>
<BR><FONT SIZE=3D2> <!ELEMENT exception =
(#PCDATA)></FONT>
<BR><FONT SIZE=3D2> <!ELEMENT free_will (#PCDATA)></FONT>
<BR><FONT SIZE=3D2> <!ELEMENT capacity (#PCDATA)></FONT>
<BR><FONT SIZE=3D2> <!ELEMENT act*></FONT>
</P>
<P><FONT SIZE=3D2>This example is based on the following definition of =
a contract found at</FONT>
<BR><FONT SIZE=3D2><<A =
HREF=3D"http://www.waukesha.tec.wi.us/busocc/law/condef.html" =
TARGET=3D"_blank">http://www.waukesha.tec.wi.us/busocc/law/condef.html</=
A>></FONT>
</P>
<P><FONT SIZE=3D2><quote></FONT>
<BR><FONT SIZE=3D2>Over the years, the common law courts developed a =
number of requirements</FONT>
<BR><FONT SIZE=3D2>that a promise had to meet before it would be =
considered a contract.</FONT>
<BR><FONT SIZE=3D2>These are:</FONT>
</P>
<P><FONT =
SIZE=3D2> =
1. an agreement (an offer and an acceptance of the offer)</FONT>
</P>
<P><FONT =
SIZE=3D2> =
2. supported by consideration (with some exceptions)</FONT>
</P>
<P><FONT =
SIZE=3D2> =
3. voluntarily entered into</FONT>
</P>
<P><FONT =
SIZE=3D2> =
4. by parties having capacity to contract</FONT>
</P>
<P><FONT =
SIZE=3D2> =
5. to do a legal act or acts.</FONT>
<BR><FONT SIZE=3D2></quote></FONT>
</P>
<P><FONT SIZE=3D2>The XML FAQ <<A =
HREF=3D"http://castor.ucc.ie/xml/#FAQ-ACRO" =
TARGET=3D"_blank">http://castor.ucc.ie/xml/#FAQ-ACRO</A>> =
mentions:</FONT>
<BR><FONT SIZE=3D2><quote>SGML is the `mother tongue', used for =
describing thousands of</FONT>
<BR><FONT SIZE=3D2>different document types in many fields of human =
activity, from</FONT>
<BR><FONT SIZE=3D2>transcriptions of ancient Irish manuscripts to the =
technical documentation</FONT>
<BR><FONT SIZE=3D2>for stealth bombers, and from patients' clinical =
records to musical</FONT>
<BR><FONT SIZE=3D2>notation.</quote></FONT>
</P>
<P><FONT SIZE=3D2>and</FONT>
</P>
<P><FONT SIZE=3D2><quote>XML is an abbreviated version of SGML, =
to make it easier for you to</FONT>
<BR><FONT SIZE=3D2>define your own document types, and to make it =
easier for programmers to</FONT>
<BR><FONT SIZE=3D2>write programs to handle them.</quote></FONT>
</P>
<P><FONT SIZE=3D2>Obviously, there would be regional and jurisdictional =
differences to be</FONT>
<BR><FONT SIZE=3D2>considered; but I don't see why a very basic =
contract couldn't be described</FONT>
<BR><FONT SIZE=3D2>via XML. If it served no other purpose, with =
input from this gang, it would</FONT>
<BR><FONT SIZE=3D2>contain a very extensive list of "offers," =
"acceptances," and "exceptions"</FONT>
<BR><FONT SIZE=3D2>and would be useful as a checklist.</FONT>
</P>
<P><FONT SIZE=3D2>Regards,</FONT>
<BR><FONT =
SIZE=3D2> &nb=
sp; &nb=
sp; - =
fleet -</FONT>
</P>
<P><FONT SIZE=3D2>PS: Glad to find that I'm not the only one =
guilty of occassional lapses</FONT>
<BR><FONT SIZE=3D2>into grumpyness! :)</FONT>
</P>
<P><FONT SIZE=3D2>> OK, sorry about this, everyone, but I'm feeling =
a bit</FONT>
<BR><FONT SIZE=3D2>> paranoid and defensive. </FONT>
</P>
<P><FONT SIZE=3D2>[more stuff snipped - check the archives!]</FONT>
</P>
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