When I'm at the fare and the Sheriff's booth stops handing out free plastic cups, I go get one from the EMTs; I don't throw a fit because the fucking cops stopped offering free drinkware.
Not going to comment specifically on the email situation, but the idea that gift givers incur no liability simply because they don't charge is not correct. I would suggest looking at the legal doctrines of reliance estoppel and promissory estoppel. I'm not convinced that any type of estoppel applies here because the application is highly fact specific, but so far I haven't seen an argument here that they don't apply. Just a couple of people calling someone's granny a whiner.
Here are the elements for promissory estoppel. Law in your jurisdiction may vary.
quote:
(1) the promise was clear and definite;
(2) the promisee justifiably relied on the promise;
(3) the promisee’s reliance was substantial and of a definite character; and
(4) enforcing the promise will serve the best interests of justice.
Think about this. If a ortho surgeon was giving away free knee replacement and he cut into the wrong leg of a patient, do you think he can simply say, "hey, I did that operation for free, so get out of my face"
Edited by NoNukes, : No reason given.
Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
The apathy of the people is enough to make every statue leap from its pedestal and hasten the resurrection of the dead. William Lloyd Garrison.
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
™ Version 4.2
(1)
