In a normal business contract, party A will do 1,2,3 and party B will do 4,5,6. Each agrees to do their part otherwise the contract is voidable or accionable. (I presume). In an enlistment contract or agreement, Party A (person enlisting) agrees to join, and Party B (the Military) agrees to something.
If party B(the government) offers nothing in the contract in exchange, is this a valid contract?
Additionally, If party B (the government) misrepresents the content or the intent of the contract is it still valid?
2006-10-29 08:55:20 · 7 answers · asked by MoonSam 1 in Politics & Government ➔ Law & Ethics
Once an enlistment contract is signed and taken the oath, the enlistee becomes property of the United States Government aka the United States Marine Corp.
2006-10-29 10:57:08 · answer #1 · answered by pj_gal 5 · 0⤊ 0⤋
First question - There probably is a contract. The government isn't offering "nothing", they are offering you a position in the army for (presumably) some sort of salary, and in return, they want your performance of being a soldier. Because what they offer is of tangible value, and you promise to give a forbearance (you don't have to be a soldier, but you promise to become one), there is probably a valid contract.
If the misrepresent the contract, say...they offer you 30K, plus free college, but only give you 20K and no college, yes, you can probably bring an action for expectancy damages, and they'll have to give you the extra 10k + college. Talk to a JAG officer, they can help you get what you want.
In short, yes, an enlistment contract is governed by US contract law. However, if you signed that contract without reading it closely, you're probably screwed. hope it helped!
2006-10-29 17:11:22 · answer #2 · answered by Anonymous · 1⤊ 0⤋
This is a very complicated issue, and you should contact an attorney before making any decisions.
Yes, this is a legally binding contract. The governments offer in this situation, also known as consideration in contract terms is two points. 1. They will be paying you for the job you perform. and 2. They will also be providing you with job training which can also be construed as education which may be considered financially beneficial to your future career, which is also consideration.
If you made a agreement with a military recruiter, for example he told you that he would get you a specific job, certain training, etc... in exchange for you signing the enlistment contract, and you did not obtain this in writing prior to signing this contract, then you are out of luck. 1. The military recruiter is not authorized to offer such things, 2. although it may be construed as a oral contract, not all oral contracts are legally Binding in every state. 3. If oral contracts are legally binding, and you meet every burden of such, the recruiter will simply deny any such agreement, because he could be prosecuted for making such agreement under uniform code of military justice.
In short if you did not get any special agreements in writing and you signed, you are out of luck, and are required to serve for the allotted time you agreed to. Also, the consideration in the contract is that they will be paying you for your time.
2006-10-29 17:24:07 · answer #3 · answered by corpcheck1 2 · 0⤊ 0⤋
No, because when I signed the military contract, I was supposed to be stationed in Hawii, but they later came back and changed it, so I was station in Texas. Once you sign a Military contract, you belongs to the government.
2006-10-29 17:06:40 · answer #4 · answered by ? 5 · 2⤊ 0⤋
No not at all. Once you sign up to enlist you belong to the government. My ex-husband (military man) use to say he was "government property".
2006-10-29 17:14:48 · answer #5 · answered by magnolia_76 6 · 0⤊ 0⤋
Party B is the party on power, and party A will have a hard road up ahead to prove it wrong
2006-10-29 16:57:28 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No, because the governement is an entity of it's own
2006-10-29 16:57:41 · answer #7 · answered by dahorndogd013 4 · 0⤊ 0⤋