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RE: Just a curious question about slave contracts - 5/3/2012 2:19:25 PM   
fucktoyprincess


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quote:

ORIGINAL: Alecta

Contracts aren't strictly necessary, they're props that help put people in certain frames of mind. Same principle as collars and chains. They aren't necessary between consenting adults either, but we like having them just the same.


I do agree with this. Any couple can opt not to have one. But if a couple finds a contract useful as a prop, then, as with most things in BDSM, why not? Again individual preferences vary, and how to create meaning varies, too. I think individual preferences should be respected here. If the two people involved find it meaningful, then it is no different from finding meaning imbued to my collar.

Obviously enforceability is a completely different issue. But I think those of us in the BDSM world are quite adept at creating meaning in other ways


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RE: Just a curious question about slave contracts - 5/3/2012 3:06:42 PM   
Alecta


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On reflection over this and previous contract related threads, it seems the major issue in the discussions surrounding them is that the subject is almost always approached with a de facto negativity, as something that needs to be gotten away from, or that which takes indiscriminate or too much advantage of the slave; but that's not always true, is it.

Contracts are more like chastity devices. It's certainly possible to get out of one, it's not foolproof. There is some mystery as to why a chastity would be superior or even necessary when theoretically mental chastity/bondage should be enough. Those who use them want them to be as secure as possible, to be impenetrable, but when it breaks or fails, they would happily put it back on or replace it with another one.

I do like the idea of a contract in a committed ownership. It represents definitive "laws" of the relationship that both parties get to refer and defer to in situations of conflict. If my contract states that I am obligated to whip my masochist slave once a week and I get complacent with it, the contract reminds me that s/he is totally, without argument, in the right to be annoyed with me. It is a measure of protection against either side being taken advantage of with definitive terms. It is also a way of trying to explain our commitment to the wider vanilla world and getting the official judicial systems to recognise and honour them. What if a thing were to happen to my slave, to whom I am not officially otherwise committed, and lacking that legal connection, I am unable to do anything for them? Or what if something were to happen to me that I am unable to explicitly explain my slave's connection, obligations and rights in that event?

Recently I was involved in a situation where a disabled man had suddenly died, and his live-in nurse hijacked the family by trying to claim all his possessions as a common-law wife. Luckily she couldn't keep her story straight and we were able to prove that their relationship was nothing more than employment-based. But what if it had been a situation with a slave who was unable to prove their relationship and the Owner's commitment to it otherwise?

It doesn't take away from the reality of bad contracts, of course, but in that regard I feel it is better that we educate ourselves on the worst case possibilities rather than blindly go "oh no, that can't possibly be legal". Certainly easier to avoid fishy situations altogether rather than going through litigation.

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RE: Just a curious question about slave contracts - 5/3/2012 3:52:24 PM   
Karmastic


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quote:

ORIGINAL: fucktoyprincess

quote:

ORIGINAL: littlekitten1

But just wondering if its possible to make a sneaky version of a slave contract that actually binds. Has anyone ever heard of it?


There is something in law called "substance over form" which means that courts will look past the "form" of the contract, i.e., the specific words, to the actual intent of the parties to determine what a contract actually means. So my honest opinion is that there really can't be a "sneaky version" of a slave contract.

And remember, if you are talking about actually enforcing a contract, it means there is a dispute over what the contract means and you are in litigation. In which case, if it is to one party's advantage to make the contract unenforceable, that's exactly what their lawyer will do. They will argue it was a contract for slavery and therefore unenforceable by law, regardless of the language in it.

It seems to me that any "contract" for M/s would necessarily not be enforceable in the courts regardless of how carefully one worded it. I think these contracts work only as a promise between the two individuals involved for defining how they would like their relationship to work and to that extent binding on each other only to the extent that each of you is a trustworthy individual. The moment there is a disagreement and one of the M/s couple actually tries to sue under the contract, the other party is going to claim it is an unenforceable contract and I think no court will uphold any type of agreement that it thinks has anything even remotely to do with slavery, even in its BDSM context.

To me, disposition of assets on break-up, pre-nuptials, employment contracts are all protected by law - so if you have a contract that only speaks to those things then, of course, it will be enforceable, but those are not really "slave" contracts by any stretch of the imagination (regardless of how enslaved by my employer I feel).



^^^ THIS 100%.


BRAV-fucking-O, thank you x 1000! Brilliant legal analysis! Saved me the trouble.

one minor point to add...what's being discussed is called a service contract - where two or more parties agree to exchanges services rather than goods or other chattel (things u own). Courts will rarely if ever enforce a service contract. The remedy is usually damages - one party has to pay money because they either refused to give service, or fired the person giving service.

now, with that said...

Forum and mods please forgive me, I need to vent here...

hearing all this other absurdly ridiculous blathering REALLY gets up my legal gander. I don't want to get in a tit for tat debate about actual law. We did that before, and you fucking faded.

I just want to vent that if you don't have a fucking clue about the law, please just shut the fuck up already. Your 500 word essays do not show how fucking smart you are. Just the opposite. You sound like a stupid person trying to sound smart. You have zero concept of the law or how it works, or how things fit together. Your advice at worst can even be dangerous if people are foolish enough to believe it. And at best, a time waster after OP spends a few hours to realize you were full of shit.

/RANT

< Message edited by Karmastic -- 5/3/2012 3:55:02 PM >


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RE: Just a curious question about slave contracts - 5/3/2012 6:34:15 PM   
subbyinlosangele


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quote:

ORIGINAL: fucktoyprincess

quote:

ORIGINAL: littlekitten1

But just wondering if its possible to make a sneaky version of a slave contract that actually binds. Has anyone ever heard of it?


There is something in law called "substance over form" which means that courts will look past the "form" of the contract, i.e., the specific words, to the actual intent of the parties to determine what a contract actually means. So my honest opinion is that there really can't be a "sneaky version" of a slave contract.

And remember, if you are talking about actually enforcing a contract, it means there is a dispute over what the contract means and you are in litigation. In which case, if it is to one party's advantage to make the contract unenforceable, that's exactly what their lawyer will do. They will argue it was a contract for slavery and therefore unenforceable by law, regardless of the language in it.

It seems to me that any "contract" for M/s would necessarily not be enforceable in the courts regardless of how carefully one worded it. I think these contracts work only as a promise between the two individuals involved for defining how they would like their relationship to work and to that extent binding on each other only to the extent that each of you is a trustworthy individual. The moment there is a disagreement and one of the M/s couple actually tries to sue under the contract, the other party is going to claim it is an unenforceable contract and I think no court will uphold any type of agreement that it thinks has anything even remotely to do with slavery, even in its BDSM context.

To me, disposition of assets on break-up, pre-nuptials, employment contracts are all protected by law - so if you have a contract that only speaks to those things then, of course, it will be enforceable, but those are not really "slave" contracts by any stretch of the imagination (regardless of how enslaved by my employer I feel).







Beyond that, even if someone signed a contract saying you were allowed to rape them or beat them or whatever, if you started to engage in that behavior and they told you to stop, the contract wouldn't necessarily protect you from legal prosecution. A person cannot license someone else to commit a crime, so a person could theoretically nullify the contract just be stating they no longer permitted the behavior in the contract, because by saying "No" the behavior would shift from a consenual act to a non-consenual, illegal act which could not be licensed under a contract.


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RE: Just a curious question about slave contracts - 5/3/2012 7:12:50 PM   
David519


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Do cell phone contracts count?

"Do as we tell you or pay $800 in cancellation fees!"

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RE: Just a curious question about slave contracts - 5/3/2012 7:26:27 PM   
littlekitten1


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quote:

ORIGINAL: littlewonder

So basically you want to be forced to obey. hhhmm...most doms I know would tire of that very very quickly....contract or no contract. I'm sure you can find some guy that's willing to do it in the bedroom..but full time? Good luck.





I really hope you did not direct this at me. I already stated that this isn't something that Is for me, and that I'm not seeking 'advice' on this. It's a hypothetical question to sate my curiosity. And assuming this is for me, leads the discussion in the wrong direction.




Anyway to everyone, thank you for the answers so far ^^
I have no idea how law works, so for me it's interesting to see the responses.

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RE: Just a curious question about slave contracts - 5/3/2012 10:58:31 PM   
antipode


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Binding is not the issue. Enforcing it is.

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RE: Just a curious question about slave contracts - 5/4/2012 12:21:36 AM   
SexyThoughts


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There's plenty of non consensual options in the third world, legally and culturally

But in the West, the only non consensual scenario I know of, is to find someone who has bills over their head, like mortgage payment or medical bills And if they do what you want them to do, you give them some charity to stay afloat a bit more. If they're ungrateful and stop, you stop paying and let societies laws sink them.
Of course it's just discount prostitution rebadged as charity for poor people, and allegedly MJ may have been blackmailed to pay more for silence. But it's the only legal and "moral" way to make someone do what you want and they don't, that I know of

< Message edited by SexyThoughts -- 5/4/2012 12:28:37 AM >

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RE: Just a curious question about slave contracts - 5/4/2012 11:26:18 AM   
kalikshama


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quote:

But I think the true lesson in the above is that someone needs to read an entire contract carefully to avoid being in such a position in the first place.  The contract isn't exactly "sneaky," rather it is hoping that like the OP people won't read the whole thing and will skip over the fine print.


And people wouldn't read our one paragraph of terms, despite there being a link on the home page, spelled out on the credit card page, and included in the email invoice and paper invoice sent with the product.

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RE: Just a curious question about slave contracts - 5/4/2012 11:32:23 AM   
Alecta


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quote:

ORIGINAL: SexyThoughts
But in the West, the only non consensual scenario I know of, is to find someone who has bills over their head, like mortgage payment or medical bills And if they do what you want them to do, you give them some charity to stay afloat a bit more. If they're ungrateful and stop, you stop paying and let societies laws sink them.


That's morally considered blackmail (legally is a matter of details and dispute).

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RE: Just a curious question about slave contracts - 5/4/2012 6:38:04 PM   
SexyThoughts


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(I'm not evangelizing it BTW, merely pointing out it's about the only legal way in the West to make someone sex you or else they'll be the one in trouble with the law, which is what this threads about)

Prostitution or Coercion would probably be nearer neighbors than blackmail.
Since blackmail is more "you give me money or I'll do or say something that'll get you in trouble".

In this case, it's the opposite, you find someone who is already down, and you say "I'll help you up, if you do something for me. If you don't accept, I will do nothing that will change your position". (How Forest Gump's mum got him into a school that the rules said he couldn't go to, would be an example. Or the whole plot for Pretty Woman and An Indecent Proposal)

If that was illegal then lawyers who find people in trouble with the law, and help them get into a position of less trouble in exchange for money, would be in trouble themselves. Ditto advertisers who sell Coolness to the UnCool
Just replace money with sex, and not doing it in a professional capacity.

I'm not saying it's good or moral either, however, is the alternative?

< Message edited by SexyThoughts -- 5/4/2012 7:00:39 PM >

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RE: Just a curious question about slave contracts - 5/4/2012 8:54:22 PM   
littlekitten1


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quote:

ORIGINAL: kalikshama

quote:

But I think the true lesson in the above is that someone needs to read an entire contract carefully to avoid being in such a position in the first place.  The contract isn't exactly "sneaky," rather it is hoping that like the OP people won't read the whole thing and will skip over the fine print.


And people wouldn't read our one paragraph of terms, despite there being a link on the home page, spelled out on the credit card page, and included in the email invoice and paper invoice sent with the product.


To my defense, when that happened, I was underage and it was actually my mom who had taken care of the whole thing. I still signed of course, but I never bothered my young, naive head with it. I had just assumed the membership would end. But it continued for years, even after I was an adult, and the bill had transfered to just me. So I was sitting there with a bill, that at the time seemed like more money than I'd ever had before.

Either way, it taught me to read what I buy before I buy it.

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RE: Just a curious question about slave contracts - 5/5/2012 8:25:52 AM   
OsideGirl


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quote:

ORIGINAL: SexyThoughts

(I'm not evangelizing it BTW, merely pointing out it's about the only legal way in the West to make someone sex you or else they'll be the one in trouble with the law, which is what this threads about)

There is no legal way to make someone sex you. Period.

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RE: Just a curious question about slave contracts - 5/5/2012 2:50:38 PM   
Karmastic


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tell that to color me badd

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RE: Just a curious question about slave contracts - 5/5/2012 6:12:38 PM   
SexyThoughts


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quote:

ORIGINAL: OsideGirl
quote:

ORIGINAL: SexyThoughts
(I'm not evangelizing it BTW, merely pointing out it's about the only legal way in the West to make someone sex you or else they'll be the one in trouble with the law, which is what this threads about)

There is no legal way to make someone sex you. Period.


Technically yes, but pulling on my devils advocate beanie for a moment

Oside according to your profile, your hard limits are Bowling & Sky Diving, I agree that legally there's no legal way anyway can make you do those two things if you don't want to.

But in the real world, what are the odd's you'd say no to doing a unpublicized, sponsored version of this
http://www.iloveskydiving.org/view/videos/skydiving-with-a-bowling-ball/
if it was the only way to fund a lifesaving operation for someone who you love?

(for various complicated reasons there's no other way to fund the operation. And for publicity, I'm changing your skin color to black to negate Missing_white_woman_syndrome if you turn it down and go to the moral media)

If you said no, the law wouldn't make any sponsors pay.

If you refused to conquer your fear for of skydiving bowling balls, for someone you loved, would your friends and family consider you the sponsors or you, to be the weak link?

You're not being forced by a person, but rather by circumstances, hence it's not blackmail.
There may be emotional blackmail "if you really loved me, you'd skydive" but vanilla society especially valentines days, accepts that type of blackmail.

Good Samaritan laws protects those who help, if doesn't expect or require people to help others. There are millions of people local and foreign, who are going to die from something treatable, and you are not required to do a thing to help them. You can save a life http://www.unicef.org/ or you can buy a starbucks instead, it's your choice, not theirs.

You may be coerced "the only way I fund it is if you skydive so we know you're serious" but that's as illegal as expecting a startup founder to invest their own money too. or other forms of "putting some skin in the game"


Now replace Skydiving with Anal, and Operation with Vote, and you've got the Queen of Sparta in the 300, who only stabbed the guy for not [spoiler]

Legal and Moral are different animals

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RE: Just a curious question about slave contracts - 5/5/2012 6:13:47 PM   
LafayetteLady


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quote:

ORIGINAL: littlekitten1


quote:

ORIGINAL: kalikshama

quote:

But I think the true lesson in the above is that someone needs to read an entire contract carefully to avoid being in such a position in the first place.  The contract isn't exactly "sneaky," rather it is hoping that like the OP people won't read the whole thing and will skip over the fine print.


And people wouldn't read our one paragraph of terms, despite there being a link on the home page, spelled out on the credit card page, and included in the email invoice and paper invoice sent with the product.


To my defense, when that happened, I was underage and it was actually my mom who had taken care of the whole thing. I still signed of course, but I never bothered my young, naive head with it. I had just assumed the membership would end. But it continued for years, even after I was an adult, and the bill had transfered to just me. So I was sitting there with a bill, that at the time seemed like more money than I'd ever had before.

Either way, it taught me to read what I buy before I buy it.


In the US, you being underaged would have made the contract unenforceable.  Seeing as you are in Denmark, that appears not to have been the case.

Regardless, the lesson you learned was an important one.

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RE: Just a curious question about slave contracts - 5/5/2012 10:45:35 PM   
SexyThoughts


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Too late to edit my post above, but it can be shortened down.

Legally you can't put someone under duress under any circumstances. For clean hands, any duress has to come from choices they make, like buying an over priced home. Or that fate makes on their behalf like uninsured illnesses

But if they're in duress you don't have to help them for free. Emergencies may have laws saying you do, non emergencies less so. So you may have to stop and help someone bleeding at a car accident, but you legally walk past a homeless person with "fatal in a year, $100K transplant to fix" cirrhosis everyday.

I'm an amateur only playing devils advocate here, consult a professional lawyer

Most cultures prohibit sex as a commodity, so sex for something contracts are unenforcible. But if the only choices are sex or as something worse than sex with you, then you don't need a contract to make sex happen or else someone independent will do bad things.

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RE: Just a curious question about slave contracts - 5/6/2012 4:07:48 PM   
Karmastic


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remember that point you made in other thread about misinformation? i think it applies in this thread.

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RE: Just a curious question about slave contracts - 5/6/2012 4:49:17 PM   
LafayetteLady


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quote:

ORIGINAL: Karmastic

remember that point you made in other thread about misinformation? i think it applies in this thread.


The one where I was subtley pointing out that IT tech writers shouldn't try to pass themselves off as attorneys?  You are right, it would apply here as well.

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RE: Just a curious question about slave contracts - 5/6/2012 6:15:16 PM   
subbyinlosangele


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quote:

ORIGINAL: SexyThoughts
But in the West, the only non consensual scenario I know of, is to find someone who has bills over their head, like mortgage payment or medical bills And if they do what you want them to do, you give them some charity to stay afloat a bit more. If they're ungrateful and stop, you stop paying and let societies laws sink them.


Throughout this thread, I can't really see that you're saying anything more than, "If you give people money, you can get people to do stuff they really don't want to do and otherwise would not." Which basically applies to 90% of the people who go to work everyday.

However, all the other stuff about consensual/non-consensual, illegal/legal, etc. doesn't make a whole lot of sense.

If someone chooses to do something because you give them money, it's consensual. It isn't extortion or blackmail anymore than it's extortion or blackmail to pay a janitor who hates his job but needs to pay his kid's tuition.

If you give someone money to perform an illegal act, it doesn't matter whether they use the money to pay for a kidney transparent or a week in Vegas -- it's still illegal.

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Profile   Post #: 40
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