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Message: <blockquote data-quote="Steel_Wind" data-source="post: 8889677" data-attributes="member: 20741">These kinds of folksy analogies can be deceptive, because they import the context of what was always gratuitous and revocable, and then apply them in a commercial context in ways in which that was never intended to be the case.To illustrate the point, let's change it up a bit.You are going away for a week out of town and you are getting your kitchen remodelled. You engage Todd The Builder, a contractor for that purpose. The contractor comes well recommended, only the best tradespeople work for him it's said. After meeting with him and seeing some pictures of his past products -- you are happy and hire Todd to do the work.You come home early that week on Saturday and find that Todd isn't doing the work in the kitchen -- he's amorously going to work on your wife by the pool. There are some other tradespeople in your kitchen putting up the tile on the backsplash.  You tell them ALL to get the hell out. You tell Todd to go to hell and you aren't paying him. "Sue me", you say.Turns out, the sub-contractors put a lien on your house. You never had any deal with them, didn't even know they would be relying on your general contract with Todd. "I'm not paying you either", says you."Wanna bet?", say the sub-contractors.Now, most jurisdictions have mechanics or construction lien legislation that further deal with how all of this goes down and is resolved.  The point is, sub-contracts that rely on the initial contract aren't contracts you can just ignore without consequence. This isn't a gratuitous license -- this is a commercial license and there is money and reliance involved here. Change up the analogy.  Todd and his subs do the work on your kitchen, you come home Sunday and never find out about Todd and your wife.  Turns out the sub who installed the dishwasher made quite a mess of things, but the slow leak that leads to rot in your kitchen floor and wall takes a good long time to be discovered. Three years pass.In the intervening 3 year period as your house is rotting from the slow leak, Todd goes bankrupt. Who do you sue and under what basis?Obviously, these are less folksy analogies -- but that's because we aren't dealing with friends house sitting -- or Todd and his unauthorized "pool party" -- we are dealing with a commercial invitation which provides benefits which flow in both directions (consideration) and that will be relied upon in a commercial context by others, both in the past -- and prospectively in the future, too.This isn't about a gratuitous license to enter land - that's not the correct analogy. That analogy is both deceiving and fundamentally misleading.</blockquote>

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