Karmastic
Posts: 1650
Joined: 4/5/2012 From: Los Angeles Status: offline
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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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