Chapter 23
The Default
The Default Gambit is one that involves a unilateral assumption that obviously works to the advantage of the side proposing it, such as the company that sends a payment check to a vendor after having deducted 2 1/2 percent. Attached is a note that says, “All of our other vendors discount for payment within 15 days, so we assume you will, too.” Or the salesperson who writes a potential buyer, “Because I haven’t heard from you on your choice of options, I will ship the deluxe model, unless I hear from you within 10 days.”
The Default Gambit preys on busy or lazy people; it assumes that rather than take action, the other side will take the easy way out and let you get away with it. Once you have failed to respond, the law ...

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