Can I do a citizen's arrest on a trespasser?

On the grounds that it is silly.

I have never heard of “being silly” as a valid legal argument. Can I have some cites?

On the grounds that you cannot create a valid, enforceable contract that way.

Oh well, I guess I’ll have to go to law school if I want to find out why. :rolleyes:

It’s the “you can’t enter into a valid, enforceable contract just by being a smartass jerk” rule.

Seriously, though. A valid contract requires a meeting of the minds and consideration. The other guy has to be getting something of value (of value to him, that is) in exchange for the hundred bucks.

All he’s doing is trying to contact you. Under no circumstances would your simply answering the door ever be considered getting something of value, especially since he never got a chance to bargain for it. In fact, you’re proposing to actually charge him for even trying to bargain with you, and you can’t do that. People are allowed to try to communicate with you without entering into a contract.

Even if your sign can be considered a valid offer, he’s allowed at the very least to knock on the door and make a counter-offer without paying for it.

And “Okay, how about I ignore your sign and pay you nothing, but you listen to what I have to say anyway” would be a valid counter-offer.

How about, “Give me a dollar, and I’ll go away.” :slight_smile:

He’s getting me to answer the door which is, obviously, of value to him.

He can contact me by mail or other means.

He can write me or call me on the phone and request an appointment which is clearly stated in the notice. The notice says my peace is valuable to me and I do not want to be disturbed. You can request an appointment but you cannot call unanounced.

He never got a chance to bargain? Of course he did. He can write in advance. If a vending machine requests 50 cents for a newspaper is it not valid because I didn’t get a chance to bargain? that’s nuts. You want to bargain you write the publisher.

Yes, but on my terms. Or can I go knocking on doors at 3 AM?

The barest of human communication is not valuable consideration in contract law. Communication is the means by which contracts are made. And he’s not there to bargain for you to let him knock on the door. He’s there to bargain for something else.

Of course he can. But just because he can doesn’t mean he can’t also knock on your door.

As long as you have a front door that is approachable from a public street, he can knock on it. He can’t cross a locked gate, but he can bang on the gate.

Or he can also go to the publisher’s office and ask to speak to someone he can bargain with. Just like he can knock on your door and ask to bargain with you. Your sign can’t

They are only your proposed terms. He hasn’t accepted them.

That’s not the same thing. At 3 a.m., a reasonable person should know that people are likely be sleeping.

Happens all the time. They just use fancy legal words to make it sound better.

Except that my notice informs people that I work nights and sleep during the day and informs them that the best time to call and catch me awake is between 3:30 and 4:30 AM so please return at that time if you must but please do not call at other times because I am probably resting. How is that unreasonable?

ZOMBIE THREAD ALERT!

I’m posting to this, almost two years later, to let folks know that it has become the launch question of a Staff Report: http://www.straightdope.com/columns/read/2993

Since it is a zombie, I’m closing it and suggesting that further comments be posted here: http://boards.straightdope.com/sdmb/showthread.php?p=13716725#post13716725