Can a contract be worded to be legally binding (Full Version)

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trueslave4You -> Can a contract be worded to be legally binding (9/1/2004 12:24:03 AM)

i am hoping an attorney will answer this for me. If a BDSM lifestyle contract is worded in such a manner that both recieve a agreed upon consideration and the term of slave is used only as a descriptive term for a employment style contract. Can this be legally binding to both parties?

It is my sincere hope that it can be :) For with a contract of this nature my slavery to another would feel that much deeper.



Estring -> RE: Can a contract be worded to be legally binding (9/1/2004 9:20:45 AM)

I'm not an attorney, I just play one on TV. There is no slave contract, no matter how it's worded that would be legally binding. Of course Mistress Dread will disagree with this I'm sure. Maybe she will send you one of her mythical contracts that she always claims to have.



happypervert -> RE: Can a contract be worded to be legally binding (9/1/2004 9:48:24 AM)

quote:

slave is used only as a descriptive term for a employment style contract


Heh -- I don't even play a lawyer on tv, but I'll play with the concept for a moment. So it is a job, eh? That means you'd be subject to minimum wage laws, paying taxes (laughing at the job title you'll put on your 1040) and don't forget social security tax too.

This seems ridiculous to me, considering that pro dommes would want you to pay them and now you might want them to pay you. Then again, there is a certain warped logic in it since a lot of folks feel they are slaves at their jobs already.



Madame -> RE: Can a contract be worded to be legally binding (9/1/2004 9:50:58 AM)

Personally I can't see how you can make a contract for anything that is illegal.

Slavery is illegal - therefore moot.



stef -> RE: Can a contract be worded to be legally binding (9/1/2004 10:00:12 AM)

This topic has been brought up here in the past. With the exception of a person or two that swear they know of such contracts (that have been held up in court, no less), I think it's safe to assume this lies in the realm of fanciful thinking.

The two points to keep in mind are:

1) slavery is illegal
2) any contract entered into which is based on an illegal act is void ab initio

~stef



slavewoman -> RE: Can a contract be worded to be legally binding (9/1/2004 10:02:30 AM)

I am an attorney. The answer is no. Employment contracts aren't even strictly enforceable. By this I mean, one can not be forced to work for someone else, regardless of whether or not there is a valid contract. If there is valid contract, there will generally be penalties that can be assessd agaisnt the party who breaks the contract but, the courts will not require that the person to continue to work against his or her will.



NoCalOwner -> RE: Can a contract be worded to be legally binding (9/1/2004 11:23:37 AM)

Mandatory caveat: I did go to law school, I did work in a contracts/torts practice, I did give it up in the '80s, and I'd probably be wrong about your jurisdiction (ESPECIALLY if it were Texas or Louisiana) even if my knowledge weren't obsolete. Do NOT rely on anything I say.

Agreed, absolutely.

As slavewoman could have told you if she weren't too busy keeping her billable hours up, the only way you can get a court to order an exact thing (as opposed to monetary or similar damages), "specific performance," is when no usual sort of damages can rectify the wrong that has been done. To give an example, if someone owned the house that you'd grown up in, and agreed to sell it to you, then backed down, you might be able to get the court to order them to hand it over for the agreed price, because that house had value to you which was completely unique, and no substitute would do. Specific performance is almost never ordered in an employment context, and it happens relatively rarely in ANY context.

If you want to make a fool of yourself in court, I'd recommend instead that you sue your spouse. Point out that marriage is a contract where meretricious consideration is assumed, say that you haven't been getting laid enough, and demand specific performance. You will instantly lose, but at least the judge will be amused.



proudsub -> RE: Can a contract be worded to be legally binding (9/1/2004 11:40:14 AM)

There have been a lot of threads on this topic, here are just a few of them. I only went back to July 1, there were just too many:


contracts again

enforcable contracts

contracts for servitude

contract poll

master/slave contract



squirrelfury -> RE: Can a contract be worded to be legally binding (9/3/2004 2:18:46 AM)

Since I have no experience to draw from, yet I can't seem to stop my fingers from having their way with the keybaord, I'm just going to content myself with saying the following:

CollarMe.com, where you can find kink advice and legal advice for free. One-stop shopping at its finest! *grins*



liljoy -> RE: Can a contract be worded to be legally binding (9/3/2004 5:11:05 AM)

~neaks up behind Madame and hugglz da stuffing out of Her~ good to see You again



ShrewWhisperer -> RE: Can a contract be worded to be legally binding (9/3/2004 5:28:50 AM)

I'm only a writer, so the legal side of the thing is beyond me.....but the entire thing sorta leaves a questionable taste in my mouth.

if your sub/slave doesn't do as you wish, then you're doing something wrong. Being a dom is about being in control...and don't take that as a permission slip to beat the crap out of someone, control is always in the mind. Chris Rock had it right, (at least for men) if you want your woman to do something, drop your voice a notch, say it like a man, and *bam* she will do whatever dirty thing it is you want...assuming the relationship is not in trouble otherwise.

With a sub who doesn't want to perform, then drop her, if you're doing your job right, she'll lose more than you are. Being a dom isn't like vanilla dating guys, you are the one who knows if you'll get laid on any given night, again assuming you do your job, and fearing "well oh gosh she'll leave me" isn't something to be afraid of.



Estring -> RE: Can a contract be worded to be legally binding (9/3/2004 9:44:36 AM)

What thread are you responding to?



ShrewWhisperer -> RE: Can a contract be worded to be legally binding (9/3/2004 11:53:07 PM)

quote:

ORIGINAL: Estring

What thread are you responding to?



Hey Estring...you're Mamma called...wait we don't know each other well enough for me to follow that :)

I was responding to entire nature of D/s/etc contracts, that we have become so ligatious...um sue-happy...in this world that we are replacing paper with power, and I was reminding folks --well men mostly, that if you want something take it by power, not cuz the girl agreed to it on a document that could be notorized



Estring -> RE: Can a contract be worded to be legally binding (9/4/2004 12:05:13 AM)

Ah. Ok, I see what you are saying.



MissFem -> RE: Can a contract be worded to be legally binding (9/4/2004 5:07:27 PM)

thats kinda like asking if a contract on your life is legal



1notsonice -> RE: Can a contract be worded to be legally binding (9/4/2004 6:58:47 PM)

employment contracts also open the door to many other bad things should for some reason law enforcement gets involved ie: tax even if no pay~over-time~S.S.~health care~just to name a few.....There are many good civil contracts that do a good job protecting both parties



smile2cu -> RE: Can a contract be worded to be legally binding (9/4/2004 8:46:45 PM)

quote:

ORIGINAL: MissFem
I smoke...drink...and cuss.....wanna fuck?

Clearly the best offer all day. Ok, it has been slow today[sm=lol.gif]

To get to the topic of the thread, a slave contract cannot be legally binding in the US.
Artictle 13 of the Constitution says "Neither slavery nor involuntary servitude ... shall exist within the United States ...
Article 6 says " This Constitution ... shall be the supreme law of the land; and the judges in every state shall be bound thereby ...

So as soon as consent is withdrawn, its illegal, and as pointed out earlier, a contract based on an illegal act is void.

T-t-that's all folk's

[image]local://upfiles/39715/D472C8694D674D4F9A2E55F50FCB8CB2.jpg[/image]



anthrosub -> RE: Can a contract be worded to be legally binding (9/5/2004 11:47:23 AM)

i believe as most here have said that a legally binding "slave" contract would be impossible. i arrived at this conclusion long ago and have instead tried to think of ways in which acceptable legal arrangements could be made to create a workable alternative. The first thing to consider is the relationship. In my view, two people who are married, living together, or otherwise taking sincere steps in that direction would be the ideal candidates.

Creating a situation of this magnitude demands an enormous amount of trust, which is why i think a relationship is essential. With that said, what could be the arrangements? The first one is obvious...money. The Dominant would be made the recipient of all monies and real properties owned by the slave, creating a dependency. Power of attorney or living trusts may be useful in setting up this sort of power exchange and worded in such a way that the Dominant is free to interpret whether or not conditions are being adhered to or violated.

As to specific acts and behavior, i don't think there's anything that could be written and accepted in a court of law, so the "details" would have to be written on a contract that is based on the honor system. The best thing i can think of is putting a slave in a position whereby they loose everything financially if they behave in such a way that their Owner will leave or divorce them. This whole thing would be an experiment obviously, and those involved would have to have a very solid relationship and understanding of what they were getting into beforehand. Tempting but scary in my opinion.

anthrosub



Madame -> RE: Can a contract be worded to be legally binding (9/6/2004 4:18:58 AM)

quote:

ORIGINAL: liljoy

~neaks up behind Madame and hugglz da stuffing out of Her~ good to see You again


Woo woo .. Howdy lil joy! Nothing like a hug first thing in the AM. Good to see you too. Pretty nice website here .. easy to get around forums .. anyone really tasty and caught your eye?

M.



UnicornGoddess -> RE: Can a contract be worded to be legally binding (7/12/2013 7:58:02 PM)

In Australia, at least, it is simply not possible to sign away your legal rights/human rights. At all. Period. Any contract in which you are asked to do so is legally invalid.



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