The right of a contract-complete subscriber to cancel his or her membership at any time.
(4) Whether billing charges will include an amount for postage and handling.
(b) Other contractual plans or arrangements not covered under subdivision (a), such as continuity plans, subscription arrangements, standing order arrangements, supplements and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis.
(Amended by Stats. 1985, Ch. 80, Sec. 1.)
1584.6. If a person is a member of an organization which makes retail sales of any goods, wares, or merchandise to its members, and the person notifies the organization of his termination of membership by certified mail, return receipt requested, any unordered goods, wares, or merchandise which are sent to the person after 30 days following execution of the return receipt for the certified letter by the organization, shall for all purposes be deemed unconditional gifts to the person, who may use or dispose of the goods, wares, or merchandise in any manner he sees fit without any obligation on his part to the organization.
If the termination of a person’s membership in such organization breaches any agreement with the organization, nothing in this section shall relieve the person from liability for damages to which he might be otherwise subjected to pursuant to law, but he shall not be subject to any damages with respect to any goods, wares, or merchandise which are deemed unconditional gifts to him under this section.
If after any receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys’ fees and costs to the prevailing party.
(Added by Stats. 1969, Ch. 400.)
1585. An acceptance must be absolute and unqualified, or must include in itself an acceptance of that character which the proposer can separate from the rest, and which will conclude the person accepting. A qualified acceptance is a new proposal.
(Enacted 1872.)
1586. A proposal may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards.
(Enacted 1872.)
1587. A proposal is revoked by any of the following:
(a) By the communication of notice of revocation by the proposer to the other party, in the manner prescribed by Sections 1581 and 1583, before his or her acceptance has been communicated to the former.
(b) By the lapse of the time prescribed in the proposal for its acceptance or, if no time is prescribed, the lapse of a reasonable time without communication of the acceptance.
(c) By the failure of the acceptor to fulfill a condition precedent to acceptance.
(d) By the death or legal incapacity to make decisions of the proposer.
(Amended by Stats. 2014, Ch. 144, Sec. 2. Effective January 1, 2015.)
1588. A contract which is voidable solely for want of due consent, may be ratified by a subsequent consent.
(Enacted 1872.)
1589. A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known, or ought to be known, to the person accepting.
(Enacted 1872.)
1590. Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found by a court or jury to be just.
(Added by Stats. 1939, Ch. 128.)
CHAPTER 4. Object of a Contract [1595 — 1599]
(Chapter 4 enacted 1872.)
1595. The object of a contract is the thing which it is agreed, on the part of the party receiving the consideration, to do or not to do.
(Enacted 1872.)
1596. The object of a contract must be lawful when the contract is made, and possible and ascertainable by the time the contract is to be performed.
(Enacted 1872.)
1597. Everything is deemed possible except that which is impossible in the nature of things.
(Enacted 1872.)
1598. Where a contract has but a single object, and such object is unlawful, whether in whole or in part, or wholly impossible of performance, or so vaguely expressed as to be wholly unascertainable, the entire contract is void.
(Enacted 1872.)
1599. Where a contract has several distinct objects, of which one at least is lawful, and one at least is unlawful, in whole or in part, the contract is void as to the latter and valid as to the rest.
(Enacted 1872.)
CHAPTER 5. Consideration [1605 — 1615]
(Chapter 5 enacted 1872.)
1605. Any benefit conferred, or agreed to be conferred, upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise.
(Enacted 1872.)
1606. An existing legal obligation resting upon the promisor, or a moral obligation originating in some benefit conferred upon the promisor, or prejudice suffered by the promisee, is also a good consideration for a promise, to an extent corresponding with the extent of the obligation, but no further or otherwise.
(Enacted 1872.)
1607. The consideration of a contract must be lawful within the meaning of Section 1667.
(Enacted 1872.)
1608. If any part of a single consideration for one or more objects, or of several considerations for a single object, is unlawful, the entire contract is void.
(Enacted 1872.)
1609. A consideration may be executed or executory, in whole or in part. In so far as it is executory it is subject to the provisions of Chapter IV of this Title.
(Enacted 1872.)
1610. When a consideration is executory, it is not indispensable that the contract should specify its amount or the means of ascertaining it. It may be left to the decision of a third person, or regulated by any specified standard.
(Enacted 1872.)
1611. When a contract does not determine the amount of the consideration, nor the method by which it is to be ascertained, or when it leaves the amount thereof to the discretion of an interested party, the consideration must be so much money as the object of the contract is reasonably worth.
(Enacted 1872.)
1612. Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire contract is void; but this section shall not apply to the cases provided for in sections 1729 and 1730 of this code.
(Amended by Stats. 1931, Ch. 1070.)
1613. Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face, but in fact is, or becomes, impossible of execution, such provision only is void; but this section shall not apply to the cases provided for in sections 1729 and 1730 of this code.
(Amended