On 23:10 Sat 02 Feb     , Charles Reiss wrote:
> On Saturday 02 February 2008 22:27:05 Kerim Aydin wrote:
> > >    comex's non-binding agreement 'X' is a contract.
> >
> > Proto-judgement:  FALSE.  a "non-binding contract" is a contradiction
> > in legal terms, and a meaningless semantic construct.  R1742, and R2169,
> > both explicitly and explicitly link the concept of "contract" with the
> > concept of it being binding in law.  Further, the primary definition of
> > "Contract" (M-W online) is:  "a binding agreement between two or more
> > persons or parties; especially : one legally enforceable".
> >
> > By both common definition and Agoran Law, a contract is a contract
> > only as long as it is binding, and when it ceases to be binding (or if
> > it never binding), it ceases to be legally enforceable, or have a legal
> > impact on the Rules (for example, it ceases to govern delegations,
> > powers of Attorney, devolution of obligations, transfer of rights
> > and/or duties).
> >
> > -Goethe
> 
> I don't think relying on an ordinary-language definition of contract is 
> warranted because R1742 seems to define it. I think you should also examine 
> the possiblity that the X agreement is a contract but is binding (in spite of 
> its text).

I dunno; maybe in this case, the ordinary-language definition
supplements the rule's definition, since the rule's definition *does*
seem to be merely attempting to formalise the ordinary-language
definition. . .

Reply via email to