[thelist] MSN locks out non IE browsers

.jeff jeff at members.evolt.org
Mon Oct 29 18:50:32 CST 2001


> From: Brian King
> Legally, I believe you will find that a business is
> obligated to make their product available to anyone
> who tenders legal currency,

ianal, but i believe you're wrong on this assumption.  a business can choose
to not perform a transaction with anybody they want to.  they're not
obligated simply because the consumer has legal currency and wants to
perform a transaction of some sort.  the only time the business is obligated
to complete the transaction is once they've accepted all or even part of the
transaction amount from the customer.  until then there is no contract
obligating the business.

> I think that a tire dealer would find himself in a legal
> pot of hot water if he refused to sell me a 16" tire
> only because the car I owned takes 15" tires.

actually, that's not true at all.

here in oregon there's a tire dealership called les schwab.  they have a
company policy that they will only sell studded snow tires in groups of 4
for consumers driving front-wheel drive vehicles.  why do they have that
policy?  they have that policy because they believe it is unsafe to drive a
front-wheel drive vehicle with studs only on two wheels.  with this belief,
they could potentially be held accountable for damages should they sell only
two studded snow tires to an owner of a front-wheel drive car, said car gets
in an accident, and the court finds that the accident would/could have been
prevented had the car had four studded snow tires installed.  it's their
prerogative.  they own the product, they have the right to decide who they
sell it to and under what conditions.  now if after buying a set of four
studded now tires i decide to only install them on the front wheels, that's
my prerogative and there's nothing they can do about it.  however, i can't
buy them and ask them to only install them on the front wheels.  they have
the right to refuse to do that for me.

> Once the vendor makes the circumstances known under
> which the product is guaranteed to work in, CAVEAT

that bit of latin (buyer beware, for those who don't know what it means)
only applies to the consumer side of the transaction.  if money hasn't
changed hands the vendor isn't obligated to sell.



jeff at members.evolt.org

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