Monday, November 26, 2007

6th Circuit Judge Cites The Simpsons

In his dissenting opinion in the matter of Seawright v. American General Financial Services, my new favorite judge, Boyce F. Martin Jr. of the 6th Circuit Court of Appeals cited the classic Simpsons episode "And Maggie Makes Three."

The relevant portion reads as follows:

A unilateral contract is one where an offeror "reasonably expects to induce action of a definite and substantial character" from the offeree. Implicit in this understanding is that the offeree is aware of the significance of the act performed. Without a signal that she understands that a contract is being made, how is one to know if she has truly accepted?

Homer Simpson talking to God: "Here's the deal: you freeze everything as it is, and I won't ask you for anything more. If that is OK, please give me absolutely no sign. [no response] OK, deal. In gratitude, I present you this offering of cookies and milk. If you want me to eat them for you, give me no sign. [no response] Thy will be done."


Thanks for the words: The Rising Jurist

2 comments:

Jake Taylor said...

Yes - now THAT'S a goddamn judge. Learned Hand and Benjamin Cardozo can go fuck themselves.

Ben said...

Not only was it funny, but it was appropriate to the context in which it was used. Some judges, such as Easterbrook, throw in references merely for the sake of looking clever - manatee opinions, if you will.