Scary laws regarding T-or-T

October 31, 8:34 AMBusiness Law ExaminerMatthew Nelson

Previous Next

2 comments Print Email RSS Subscribe

Subscribe

Get alerts when there is a new article from the Business Law Examiner. Read Examiner.com's terms of use.

Email Address   Include other special offers from Examiner.com Terms of Use

Birdman Atty-at-law

Today provides a great opportunity for a whimsical look at some of the concepts of contract law that apply to the 100s of transactions in which many of us will engage that involve exchanging one bite of candy that candy-makers have the audacity to describe as fun for a promise to not have a mob-style attack on our residences later this evening. These contracts are not binding for at least two reasons.

The first element that makes such an oral agreement nonbinding generally is that most states require that someone be at least 18 years-old to enter a valid contract. Most of the racketeers who will be concealing their identities these evening are much younger than that age.

The second reason that an exchange of candy for not having your home egged or draped in toilet paper is that the trick-or-treater who makes that offer is not relinquishing a legal right in exchange for what you have presented as a treat. Even a child has no right to trespass later on your property to commit vandalism.

The final of many additional considerations that I could address is that many people who cave into the fear of this vandalism pass out items that might not pass the test of what can reasonably be considered a treat; the lousy little speck of chocolate to which I referred above has been established to meet this standard, but many would agree that raisins and toothbrushes do not and might even justify the aforementioned vandalism as a penalty for the bad faith of the "treat" provider.

I want to state too that, although I live with 40 miles of where these "candies" are made, Necco wafers represent a gray area. These chalky, dusty, not overly flavorful disks are not very tasty.

I want to mention as well that I am annoyed that the SciFi Channel is committing the specific trick or pre-empting "Stargate Atlantis" tonight and the more general trick of canceling this program. Someone must have given the programming director of this channel Raisinets, which try to fool you into thinking that raisins can be candy, last year.

Comments and questions are welcome as additions to this entry or as e-mail to nelsonexaminer@gmail.com.