Path: utzoo!utgpu!news-server.csri.toronto.edu!rpi!zaphod.mps.ohio-state.edu!caen!spool.mu.edu!telecom-request From: riddle@hoss.unl.edu (Mike Riddle) Newsgroups: comp.dcom.telecom Subject: Re: MCI $20 Promotion Message-ID: Date: 4 Jun 91 13:25:48 GMT Article-I.D.: eecs.telecom11.423.5 Sender: Telecom@eecs.nwu.edu Organization: Nebraska Inns of Court Lines: 40 Approved: Telecom@eecs.nwu.edu X-Submissions-To: telecom@eecs.nwu.edu X-Administrivia-To: telecom-request@eecs.nwu.edu X-Telecom-Digest: Volume 11, Issue 423, Message 5 of 13 In colnet!res@cis.ohio-state.edu (Rob Stampfli) writes: >> [Moderator's Note: As soon as you cross out the special endorsement >> you no longer have the right to cash the check which was issued as >> payment for your having given permission to change your phones. >> [deleted] >> It was a contract they were requesting you to >> sign in exchange for immediate payment for doing so. Big difference. PAT] > I am not a lawyer, and neither are you. I have tried very diligently > to get an answer to this question (not related to the MCI offer, > incidently) and the best that I could ascertain was that it is far > from a clearly defined point of contract law. I may morally agree > with what you say, but I don't believe it would make a strong case in > a court of law. Well, I'm a law school graduate but not yet admitted to any state bar, so I guess this is just going to be over-educated ramblings, but here's my two cents worth. The issue of endorsements on the back of checks is subject to the Uniform Commercial Code and is, as the last poster suggested, not entirely clear. "It Depends" is the best answer one can give, separate from the specific facts in a case. When I received the MCI offer recently, the qualification was also on the front of the check and an enclosed letter clearly explained the offer. I don't know, of course, if this format was followed anywhere else, but in my semi-professional opinion, if /I/ had endorsed the check, I would have been accepting their offer to switch. Which I didn't, for reasons which will remain my own. <<<< insert standard disclaimer here >>>> riddle@hoss.unl.edu | Nebraska Inns of Court ivgate!inns!postmaster@uunet.uu.net | +1 402 593 1192 Sysop of 1:285/27@Fidonet | 3/12/24/9600/8N1/V.32/V.42bis