In Texas, the elements that are generally required to create an enforceable contract:
(1) An offer;(2) Acceptance in strict compliance with terms of the offer; (3) A meeting of the minds with respect to both the subject matter of the agreement and all of its essential terms;(4) A communication that each party has consented to the terms of the agreement;(5) For a written contract, execution and delivery of the contract with an intent that it become mutual and binding on both parties; and(6) Consideration.
Angelou v. African Overseas Unionl, 33 S.W.3d 269, 278 (Tex.App.-Houston [14th Dist.] 2000, no pet.).
The client then replies back and asks if I am available the next day at 6pm and gives the area he wants and incall in. (No, no actual address is given, lol, but the intersection of 2 highways is requested).
Offer.
I reply back and tell the client that I am available at 6pm and can provide incall at Hwy X/Highway Y. I ask him to please confirm or cancel no later than 4pm the next day.
Counter offer. Takes the original offer off the table. No contract.
Also there was no communication each party had consented to all terms.
When he didn't respond promptly that was your first clue things could go wrong.
The question is whether the location without an exact address is a meeting of the minds as to all essential terms? Reasonable minds could differ.
I'd recommend confirming day, time, and place (address) before calling it a date if possible. It avoids uncertainties.
If people would just treat each other with common courtesy and respect (i.e. responding promptly -his fault not yours) this thread wouldn't have even started. But then if that happened all the time most lawyers would be out of a job.
If you ask me his loss.
I've seen you one time and it was amazing.
If you ever decide to do incall on the north side again or publish outcall rates pm me. I promise we won't have any of the problems you've described here.
Originally Posted by Houston.Epicurean
Thank you for your input from a legal standpoint. Sadly it is becoming more and more obvious that common courtesy is not very common these days.
I understand that it technically wasn't an appointment since he didn't confirm by the requested time. I do disagree with the part about no physical address being given though. Most ladies don't give an actual address in advance. They give a specific area a few minutes away from the meeting place and the client then calls for the address when he is close. That's the way the typical 2-call system usually works in this business.
I guess the point I am trying make even though unconfirmed I still have to treat it as an actual appointment right up until the time I request that it be confirmed. I still have to plan and prepare for it and decline other appointments that would conflict with his requested time. Not having an actual confirmation doesn't negate the fact that it is a huge waste of my time and costs me money when a client doesn't follow through with an appointment request.
A few have said it happens, just move on and don't get all 'butt-hurt'. When this type of thing happens it usually costs the provider to lose out on other income-$400 in this particular case. If a client took a $400 loss because of some inconsiderate provider I do believe they would be 'butt-hurt' as well.
I just might consider providing incall on the north side again for a few days as i have had some requests to do so. I am always available for an outcall to the north side and have been posting outcall rates on my last few ads.
[QUOTE=LexusLover;1056128399]
Actually, I wasn't suggesting you were advertiseing, by YOUR phrase:
"I now totally prefer short-notice appointments" ...
it was unclear (at least to me .. not good a mental-telepathy) as to whether the continuum of the dialogue in this thread started you thinking about it and so you "NOW" (meaning after you opened the thread) prefer short notice appointments.
I apologize that I was not absolutely clear and precise with the word choices, sentence structure, and punctuation with footnotes and citations......
... it's beginning to seem that way to get a piece of ass around here.
Originally Posted by 1ThickBlond
My apologies. I assumed(I know, I know) you were accusing me of posting a threAD like many of the bullies here are so quick to do. (Lol, no, I'm not calling you a bully.)
Actually I have always preferred short notice appointments because they almost always take place. I just prefer them even more so now after the large number of advance appointment requests that clients have made with me in the last few months have either been canceled at the very last minute or I have just been left hanging. I have absolutely no luck with advance appointments. They almost always end up causing me to miss out on my short notice guys that were really going to show up.
Originally Posted by LexusLover
