On Sat, 19 Sep 2009, ais523 wrote: > On Sat, 2009-09-19 at 13:13 -0700, Kerim Aydin wrote: >> If I say "I intend to take the train to Buffalo" I have not made any >> implication, announcement of intent, nor given any notice whatsoever >> on whether I might intend to drive a car to Buffalo should the train >> get stuck in the snow. > > But I have given notice that I intend to travel to Buffalo. And that's > all that the contract required, in this analogy.
Absolutely incorrect. If you give notice that you will travel by a specific method, there are two possibilities: (1) if the method doesn't work, you will travel by another method or (2) if the method doesn't work, you will not travel at all. It's ambiguous. You have *not* given notice of intent to perform the action separated from the method. Now if you had said "I intend to... by any means" or left the means blank, it would have covered it, but not qualified as a dependent action intent. If you had said "w/o objection or another means" then it would have worked, but it would have signaled your scam so you chose not to do so. -G.
