Hi
I need to establish the legal definition (if one exists) of the word
'contact' or indeed 'contacted' under United Kingdom Law. I am using
this word in the context of when is contact said to be established.
For example: If I write you a letter dated 1st January 2002 and you
receive it on the 3rd of January 2002 when, 'legally' was contact made
with you??
I am sure previous legal Cases must exist where a precice 'contact'
date has needed to be established, and ideally I would like a pointer
to any such cases.
Thank you. |
Request for Question Clarification by
expertlaw-ga
on
20 Oct 2002 14:19 PDT
The meaning of legal terms can vary depending upon their context, and
depending upon statutes and case law. What is the context for this
definition? What legal fact are you hoping to establish with this
definition of "contact"?
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Request for Question Clarification by
weisstho-ga
on
20 Oct 2002 14:19 PDT
Please confirm that "contact" in this question DOES NOT involve part
of the offer and acceptance process of Contract Law (for example, in a
case where you sent an offer ("I offer to mow your lawn for $5) and
the person receiving your offer sends back an acceptance.
If it does involve a contractual offer and acceptance, please provide
details.
Thank you.
weisstho-ga
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Request for Question Clarification by
leli-ga
on
20 Oct 2002 14:25 PDT
Sorry to add yet another clarification request, but can we assume
you're asking about English law? (Scotland has a separate system.)
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Clarification of Question by
martin1966-ga
on
20 Oct 2002 15:17 PDT
To leli-ga : Yes English Law please.
To weisstho-ga : No contract is involved (as far as I am aware in my
ignorance of the law) See my next clarification to expertlaw-ga for
more details.
To expertlaw-ga : Here is a more specific definition of my problem :
I am currently involved in a Mortage shortfall argument with the
solicitors acting for Nationwide Building Society and we have come to
a point over which we are arguing whether their client [Nationwide]
made there claim against me 'in time'.
The solicitors have put great stall in quoting to me a press release
issued by The Council of Mortage Lenders in February 2002 which
states, with regard to LIMITATION OF ACTION :
" The change [the 6 year rule] takes effect from 11 February, and
means that anyone whose property was taken into possession and sold
more than six years ago, and who has not been contacted by their
lender for recovery of any outstanding debt by that date, will not
then be asked to pay the shortfall "
The important word in this would appear to be 'contacted'. What does
this actually mean. Legally. 'Contact' is a noun although a verb seems
to have been created from it in modern times, so to my mind,
semantically, 'contact' cannot be establish until I am physically
aware of said 'contact'.
The final date of the 6 years following the sale of the property was
the 19th March 2002. (IE: Property was sold on 20th March 1996).
Solicitors sent their first letter to me dated 19th March 2002 which
I received by first class mail on the 20th. Thereby on the first day
of the 7th year, and, by my laymans definition of contact, out of
time.
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Thank you all for your attention to this question.
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