[NOTE: BECAUSE OF MY ACTIONS, THIS DIDN’T END UP APPEARING TO “WORK”– PLEASE PROCEED WITH CAUTION]
I last wrote about how I got out of a speeding ticket.
I figure I might as well share the wealth. I’m going to share with you how I did it, so you can do it yourself. Teach a man to fish, as they say. That, and give freely.
So I’m going to explain the concept and then share the method.
Now, I want to make it clear that the content in this article is NOT legal advice. The content in this article is FOR ENTERTAINMENT PURPOSES ONLY. I am NOT suggesting that you should use the content in this article for yourself. Whatever you do with this information is totally up to you. And here is some totally irrelevant and random advice: “one should not use a tool without fully understanding the said tool and thus how to use it properly”. I hope that advice sticks with you.
Now, with all that being said, let’s proceed.
Offer and Acceptance
What you must first understand is not about the conditional acceptance, it’s about the world itself.
What you should realize about the world is a universal law. If you do not believe or understand this law, do not proceed past it. Ponder it until you understand it, until you see that it is indeed, a law.
The universal law is simply this, everything is either an offer or an acceptance.
For example, let’s say you want to poke a friend’s face.
You would say, “hey I’m going to poke your face.”
That is the offer. You offered to poke your friend’s face.
Now from here your friend has three choices:
- Acceptance – “Yes, you may poke my face,” self explanatory
- Offer – “No, you may not poke my face.” this is not a decline, this is a non-acceptance (there is a difference and that section of the Venn diagram an offer where those two things intersect). You are offering them to not poke your face.
- Conditional Acceptance – “You may poke my face, but only if you bring me an ice cream” or “If you poke my face, I will smack you” – you accept, but only if they meet your conditions.
I understand your impulse to consider number 2 a decline. If it helps, if you must consider it a decline, then consider a decline to also be an offer of non-performance, You are offering to not do something. This is the way to think about it to understand.
Ponder this and make sure you get it, as it is the foundation of the functionality of the conditional acceptance. If you do not understand/accept this, then you will not understand a conditional acceptance and do you remember that totally unrelated advice I gave you earlier? It’s up to you whether you use that or not.
What is a conditional acceptance?
Now that you understand the universal law, in that, everything is offer and acceptance, you are ready to know what a conditional acceptance is.
Generally
To start, a conditional acceptance is a contract.
You know what you do when you sign a contract, right? You agree to someone’s offer.
That is only one option. Remember, you have three options. A conditional acceptance is another option you can choose freely.
The principal of a conditional acceptance is very simple, but sometimes people don’t readily accept simple. They are weary of too easy, for good reason of course. There’s a lot of “too easy” that’s out there in the world that will betray you. That’s why you do your due diligence! But you know, I gotta say, addition is simple/easy, and yet, we don’t distrust that. Also, calculus is complicated at first, but once you get it, it’s easy– just like riding a bike.
Anyway, a conditional acceptance is a contract. And what happens if someone agrees to that contract? They have to abide by it. It is essentially a promise to perform. The thing about most contracts are, usually they have rules as to what happens if you break your promise. There are results [consequences] to every action after all (another universal truth).
To repeat the important part there, if someone accepts a contract then they are obligated to abide by it
What can you conditionally accept?
Any offer.
This is your freedom, essentially everything is an offer. Thus, you can conditionally accept anything (any offer). Just know, a conditional acceptance is also an offer, and someone can respond to your offer with another offer, which could also very well be a conditional acceptance.
Why a conditional acceptance works
A conditional acceptance works because what essentially happens is that someone makes you an offer, then you respond with a conditional acceptance, which in effect says basically, “I accept your offer if you meet the following directions.”
Most people aren’t aware of the conditional acceptance and thus they will not meet your conditional acceptance with another conditional acceptance. Plus, they have already made you an offer. Then you made them a new offer an offer of accepting to their offer if they meet the following conditions. If they can’t meet the conditions, then your offer of non-performance stands. It especially stands if you put that conditional acceptance in a contract that they accept. More on how you get someone to accept a contract at the end of this article. You do not pull the trigger till you know how a gun works and what you’re shooting.
The nuts and bolts
So a conditional acceptance is a contract. This particular contract has several parts that it needs to have to function properly.
- Introduction
- Facts
- Conditions
- Terms
1. Introduction
The introduction introduce the contract, it includes:
the date, who it’s from, who it’s to, a summary as to why the contract was sent, what happened, essential information*, pertinent laws, and definitions. (*essential information is optional).
Make sure you know who you are, who you are talking/sending to, why it works, what happened, know/include federal and state laws/regulations, and what words mean in a legal sense (words don’t mean the same thing in legal land as they do in regular talking. It’s a new language and why they call it legalize).
2. The Facts
A conditional acceptance is a legal/lawful contract. I just mentioned the importance of knowing the definitions, let me demonstrate why.
Here is the legal definition of facts from thefreedictionary.com (the better source for legal definitions are from Black’s Law Dictionary):
Incident, act, event, or circumstance. A fact is something that has already been done or an action in process. It is an event that has definitely and actually taken place, and is distinguishable from a suspicion, innuendo, or supposition. A fact is a truth as opposed to fiction or mistake.
Now, read the words again. this is the definition, this is what it means. Realize what this definition means. The facts are your story of what happened because what happened is an “incident/act/event/circumstance,” something that, “has already have been done,” and, “event that has definitely and actually taken place,” and, “truth”.
So is your experience not the truth? Is your experience not what happened? Indeed it is, indeed your experience is the truth and what happened, at least in a legal sense.
So when you are listing your facts, don’t hold back, what you experienced is what happened, lay it al out and tell your story.
3. Conditions
The conditions are what the party making you the offer has to meet in order for their offer to be had. These conditions can be anything. I know that sounds too good to be true, that there may be limitations but insofar as I know right now– there are none. If you know any, or can find them, then please point them my way. If there are any limitations, then that is valuable information to be had. I don’t know if there are any limitations, this is why it important to do your due diligence, I could be missing information that is pivotal to your success.
It helps if your conditions are things that cannot be disproven or met. I don’t mean that you should just set conditions all willy-nilly. You should choose relevant conditions that apply to your situation. Ones that can be justified as being in the contract and conditions that you are justified in being met.
If you’re using laws in the conditions then you can educate those that are attempting to offer you something unlawful or infringes on your rights. This will be demonstrated in my example contract below, check it to get a feel. As a small example, if someone is offering you to do something that you are afraid may hurt you, then you can ask for ample concrete evidence that what they are asking of you will not hurt you.
4. Terms
The terms are exactly what they sound like. The terms of what happens should they fulfill or not fulfill the contract. Both things. What happens if they can or cannot fulfill the conditions.
These can also be what you like, although they should be reasonable and only applicable if they do certain actions. This can also be thought of as your retaliation if you need it. These are things that have to be met by the acceptor and that they can/will agree to. Again, it is best to view my example as a conditional acceptance contract at the end of this article to see an example and better understand.
Finishing touches and wrapping it up
Heading— I find it helpful to have this little tidbit as the header of each page, “notice to agent is notice to principal; notice to principal is notice to agent,” effectively this means that it doesn’t matter who you tell; if you are telling the cashier, you are telling the manager and if you are telling the manager then you are telling the cashier.
Avouchment— This is absolutely necessary if you want your contract to have any clout. You must have your contract notarized. You must have your contract notarized because that is what makes it official. The witness and signature has the most weight of just about every government official and supersedes them. This is because they are acting on behalf of the state, they essentially act as the secretary of state. (Texas rules for notaries, essentially the same in every state.)
Having a document notarized is the same as swearing under oath in a court of law as witnessed by the secretary of state and you are saying that the facts contained in the document are true.
Signature— you need a wet signature for the contract to be in effect. Also know that you can add things to your signature to change the meaning of the signature. For example, “Without prejudice, UCC 1-308” this means you reserve your rights. Another example is putting, “, beneficiary”, after your name which designates you as the beneficiary in a trust action. You will want to include “without prejudice” on every signature and “, beneficiary” after every signature that has to do with your social security (social security is a trust).
A way out— You have to give your offerer a reasonable contract, otherwise it may not may not stand. And after all, isn’t it better to be reasonable, even if the original offerer isn’t being reasonable? Turn the other cheek as they say. Plus, your case is more likely to stand if you showed good faith. Give the acceptor/original offerer a way to meet the contract. Offer them a certain amount of time, any you like, I tend to believe that 10 days to respond are reasonable amount. Not only that, but give them two chances. Let them ask for more time, but be professional. Tell them that they, in writing, can request an exact amount additional time and a good reason why it will take more time.
Recipients— Make sure you send the conditional acceptance to all possible parties involved, you want to get everyone involved. Again, don’t be crazy, be reasonable. But it kind of goes without saying that if you send the contract to an employee of a company, then you should probably also send it to their boss.
Getting the offerer to accept your conditional acceptance
The question you’re probably dying to know, how do you get the offerer to accept your contract, can’t they just offer to decline it? Well, yes, they could. That’s why you figure out how to make them accept it. You don’t really have to do much and, in fact, so long as the person isn’t aware of the law they will accept it without even knowing. If you’re using this on corporations they are even more likely to accept it because someone in the mail room with accept the mail on the company’s behalf. They are authorized to act on behalf of the company after all, and notice to the mail room is notice to the CEO.
The postal rule
Why did I mention the mail room? For a very specific reason. I mentioned the mail room because there is a fun little law regarding the acceptance of contracts sent in the mail, see below:
“The postal rule (also known as the mailbox rule or “deposited acceptance rule”) is a term of common law-contracts which determines the timing of acceptance of an offer when mail is contemplated as the medium of acceptance. The general principle is that a contract is formed when acceptance is actually communicated to the offeror. The mailbox rule is an exception to the general principle. The mailbox rule provides that the contract is formed when a properly prepaid and properly addressed letter of
acceptance is posted. One rationale given for the rule is that the offeror nominates the post office as implied agent and thus receipt of the acceptance by the post office is regarded as that of the offeree. The main effect of the mailbox rule is that the risk of acceptance being delivered late or lost in the post is placed upon the offeror. If the offeror is reluctant to accept this risk, he can always require actual receipt before being legally bound.”
In layman’s terms this is what the postal rule means: when you send something in the mail, certified and with return receipt (so everyone is legally bound), it is accepted when it is signed for. They accepted the mail, and thus they accepted the contract therein.
That’s it
That’s it, it may seem like a lot potentially, but if you take the time to sit with it and understand it then you will see how simple it really is. You can use this, and it will work, I have personal experience in this working for me, I got out of a speeding citation for going 90 in a 75. I sent in my conditional acceptance and my citation was dismissed.
My conditional acceptance
All that being said, it will make much more sense (and likely raise more questions), if you can see an example of a conditional acceptance.
[NOTE: BECAUSE OF MY ACTIONS THIS DIDN’T END UP APPEARING TO “WORK”– PLEASE PROCEED WITH CAUTION]
Here is the conditional acceptance I sent to have my speeding citation dismissed. Read carefully and enjoy. Should you even do anything with this information, please think carefully about it. Don’t shoot a gun without thinking.
Let me know if you have any questions, should it be within my ability, I will do my best to help!
Wishing you all the best,
FCP 🙃
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This is amazing. Thank you for sharing, full-color.