angelic
Posts: 1807
Joined: 1/24/2005 Status: offline
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quote:
ORIGINAL: litaTshai one offers greetings to the Masters, Mistresses and slaves here. one posts with Mistress's permission and thanks All for the opportunity. as a legal secretary, i have followed this thread with interest. someone stated they thought perhaps it was a good thing to have some kind of consent to certain things in writing. actually, such is futile there are no courts anywhere that would recognize dom/cub contracts because even with consent, certan acts are illegal and a court will not recognize a contract that has anything in it that is illegal. now one of the nlawyers i work for has said that folks can sign a contract that is binding between them, but that a court will not recognize. so, if, say, a Dom/sub couple signed such a contract, permitting whipping, cagings, or whatever, and later one of the parties leveled charges of abuse, the fact that that party signed a paper consenting to such wouldn't even be condsidered. one cannot legally consent to an illegal act. now if a couple wishes to create a set of rules for their relationship, that is well and good. but to call it a "contract" and require signatures is an attempt to make it appear to be a legally valid document. and not only is it not, but it is remotely possible that in some places charges might be leveled that someone was falsifying legal documents. stranger things have happened. respectfully, lita {Tshai} hi lita... i too am in the legal field and was under the same thinking. However, very recently (i'll try to find the thread although LA is much better at it), where such a contract DID hold up in court. The Judge sided with the Master/Dom BECAUSE of the contract. She signed it, the Judge held her to it.
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~....and once you have tasted flight, you will walk the earth with your eyes turned skyward, for there you have been and there you long to return.~ -- Leonardo de Vinci
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