On Wed, 7 May 2008, Ian Kelly wrote: > On Wed, May 7, 2008 at 5:46 PM, Kerim Aydin <[EMAIL PROTECTED]> wrote: >> 4. But nothing in the above set of events "made" the agreement a >> contest. The contest says it is, but that doesn't automatically >> trigger that condition. > > Actually, it doesn't, apart from using the term contestmaster. The > judgement is what says it's a contest, not the contract itself.
Noticed that afterwards, but I don't think it changed my argument. For one thing, even though you enumerated some clauses separately, the fact that you considered the result to be a contest was essential to your perceived equity of the situation, therefore that declaration was a material part of the agreement. Previous equity judgements were not so cleanly enumerated and yet all material considerations contained therein were part of the agreements. In fact, the whole thing is funny. According to R2169, the whole judgement is the agreement. This would include definitions relevant to the functioning of the contract (if necessary). ais312 states: "My judgement is the following contract, which is a contest, and has root as contestmaster:" 1. If the second half of the sentence is not part of the judgement, then it has no effect, and it isn't a contest with root as contestmaster. 2. If we are generous, ignore the minor semantic mistake, and and allow that the preamble is a part of the judgement, then the declaration of contest-ness is part of the agreement. If it *is* part of the agreement, the agreement of contest-ness is simply between the parties. So the judgement is essentially saying "root agrees [is required to agree]* that the following is a contest." That has as much legal effect as me making a pledge right now that "this pledge is a contract. You get 5 points." If I make that pledge, I'm required to "agree to it", but no one else is, and again it has no legal effect. Either way, doesn't work! *The fact that you're *required* to agree to it doesn't matter. There's nothing preventing an equity contract from imposing other impossible conditions (except the protection provided by appeals, etc.) -Goethe
