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 2.2. The Informal Acquaintance Model In considering whether to enter into a relationship, informal acquaintances should:
Comment: a. Abusive practices; willful blindness. A common injurious pattern seen in the informal acquaintance model is conspicuous flirting toward a friend or acquaintance by a party who lacks any romantic intentions. In such a situation, either or both parties may convince themselves that the other lacks or possesses romantic interest. Such fraudulent behavior encourages reliance and may foreclose the innocent party from pursuing other deals. Willful blindness on the part of the flirt is also inefficient, in that it causes a misallocation of resources. Parties may eventually face sanctions for their willful blindness. Illustration: B is in a relationship with C but spends an inordinate amount of time with D. It is obvious to all that D is pining for B. When asked by others, B insists that B and D are "just good friends," and acts mystified or outraged at any suggestion to the contrary. B can persist in this belief only by deliberately avoiding discussion with D, because if asked, D would gladly reveal D's feelings. b. Pursuit of the object: possession establishes a claim of right. The very informality of the informal acquaintance model gives rise to complications when friends and acquaintances develop overlapping affections. The ancient doctrine governing ownership of ferae naturae applies. The first person to establish a "claim" on an unattached newcomer has superior rights. Yet just as courts wrestle with the question of what action constitutes possession of a wild animal, interested parties may disagree about what constitutes a superior claim on a newcomer. Physical possession, or capture, is widely conceded to be proof of superior rights. More difficult is the claim of the person who has unsuccessfully attempted to establish a relationship, and who therefore feels a strong, though unrequited, attachment. Ill will can be particularly strong when one party has long attempted to establish a relationship but has failed, only to see another succeed. c. Corporate opportunity doctrine; exploitation by friends and acquaintances. Related doctrine on this subject draws from the notion of stealing corporate opportunity. In principle, if a person does not or cannot avail himself or herself of a relationship, then others may pursue the opportunity with impunity. In practice, however, such doctrines rarely apply neatly or painlessly. Those aggrieved by another's success, but who lack a legal right to relief, often seek other avenues of redress. Illustration: A and C are roommates. A has had a longstanding crush on X, but has never successfully developed a romantic relationship. C meets X through A, and when C and X begin dating, A accuses C of exploiting corporate opportunity. Legally C is not liable, because A could not use this opportunity. Yet despite legal rules, informal relations within the household are sure to suffer. | |
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