thegreekdog wrote:
you did propose a specific truce and buddhabelly responded with a "wait and see," which in my mind is not remotely an acceptance of any truce or deal. In fact, if this was a contract, this would be considered a counter-offer, essentially voiding your original offer.
greek I fully respect anyone who disagrees with me or has a different opinion. What I take issue with is someone offering a reply that is dressed up as a legal opinion while calling it fact when it is so very wrong. It does appear as if you've taken a law 101 class (or watched a lot of Matlock), so why would you guess at this stuff and put it in the forum when it's just that, a guess? Since you refer to contracts and their legal issues I'll set that record straight for you and anyone else interested. I can't claim to be a lawyer but I do have legal training way beyond law 101, received in a 7 year accounting program. Further to this, to remain credible and to ensure correct information is passed along to others, I have taken the time to research this issue on the net and in my law text books to avoid an incorrect assumption. Most of this stuff is common sense and comes from Brittish Common Law.
His comment "wait and see" is not a counter-offer. If it were a counter-offer 'the ball would be in my court' to accept, reject or counter his counter-offer. How do you accept an offer called "wait and see"? Since there was nothing for me to respond to and no possible reason to respond, the original offer was still on the table. He had merely indicated to me that he was considering my offer and wanted a little more time to respond. Keep in mind that in CC truces are not formal, they are just based on honesty, intent and trust.
thegreekdog wrote:In sum, while you may find his actions despicable and deplorable, the vast majority of the CC community will find his actions reasonable. Therefore, I would not expect that this will result in any disciplinary action and I do not expect many people will foe him.
I don't know if you are a moderator or not, but I do believe it's reckless for you to speak for the CC Community stating what the "vast majority
willconclude. That's just claiming support for your position without giving people a chance to decide for themselves. I did not resort to legal opinions, terms and the like in any of my previous communications (and I thought of it) because the act of forming truces is not a game rule, not monitored or policed by CC and is merely based on the trust, intent and the honour system. Proving he legally broke the truce (or contract) does nothing for me. I also thought it would rub people the wrong way for me to come across like that so I just wanted to put the facts out there and allow players to completely form their own unbiased opinions.
Respectfully, I am of the
opinionthat there isn't a single person in the CC Community who would find his actions reasonable; contrary to your statement. He was offered a very specific truce proposal. He indicated that he needed one turn to ponder it. Then he carried out the necessary actions that were required of him in my truce proposal. The actions he carried out could not be considered coincidence as there was no benefit to him for making this play. The truce required him to move armies into a terit that had absolutely no benefit to him. And he did exactly that! Further to this, I immediately verbally confirmed the truce in the game chat and several rounds went by with nothing from him. You neglected to mention that fact.
He subsequently acted as if he had a truce in place and never fortified next to me and never attacked me. Any experienced player (as he is)would not have taken such a risk for several rounds, again, in my humble opinion. I have not played a game where the six isolated terits in question have not been acquired by one player within the very first few rounds. They are
alwayshotly contested. After our truce, we never had any attacking or army placement or fortification until he subsequently attacked me in round 10 thus breaking our truce.
Again, I don't think any player on the site would respect being deceived that way. He intended for me to believe we had a truce. That can't be argued. He intentionally withheld verbal agreement for the purpose of breaking the truce later. I don't believe that can be argued. Who in the heck would respect a person planning and carrying out that set of deceipful actions against them?
As far as a legal position is concerned, here is a direct quote and you may pm me for my source. "Agreement is said to be reached when an offer capable of immediate acceptance is met with a "mirror image" acceptance (i.e., an unqualified acceptance)." You can indeed accept an offer by your actions alone, it's called the "mirror image rule" and constitutes acceptance. This is not a technicality, this is common sense. You can't cause someone to believe there is a contract in place by your actions, then break the contract expecting that the lack of a verbal or written agreement will protect you. To expect such a thing would indeed be trying to take advantage of a technicality.
Here is the same thing put another way, "It is no defense to an action based on a contract for the defendant to claim that he had not intended to be bound by the agreement, if his conduct demonstrated that he had." In lay terms, you can't act like you have a truce but then claim you don't have one. Finally, "The essential requirement is that the parties had each from a subjective perspective engaged in conduct manifesting their assent." Again, both of our actions suggested that we had accepted the truce proposal and therefore we had a contract.
However, like I said above legal arguments don't help me or him, it's entirely about honesty,character and intent. I do agree that he will not be sanctioned by CC. He broke no rules. My recourse is simply to advise others of the circumstances so they may avoid him in the future. Contrary to your opinion, I can't believe anyone here would want to play someone who will resort to winning a game by intentionally deceiving others and I believe that many who become aware of the full set of circumstances will indeed foe him. I don't know why though you shared that opinion as it matters not to either of us or this issue what people decide to do with the information. That is their business.
Since you've had to stretch and go against common sense and basic honesty (I am not accusing you of being dishonest), can I ask why? I won't question your motives without knowing you and would rather instead give you an opportunity to reconsider your position when it comes to honesty while playing in CC.