On Thursday 8 May 2008 4:58:08 Ed Murphy wrote:
> comex wrote:
>
> > I do hereby publish this text, which is of a potential contract:
> > {{
> > 1. This contract will be public when it forms.
> > 2. This contract is a pledge.
> > }}
> >
> > I may at any time decide to make this into a contract (without telling
> > anyone), at which point it will be identified as a public contract and
> > the Notary will be required to report on it. I would then be
> > violating Rule 2173 by not keeping the Notary informed about it, but
> > since you won't know whether I've actually made the contract, you
> > couldn't convict me for it.
>
> I would argue that the last paragraph of Rule 2178 covers this,
> though it still needs cleaning up.
Alternatively, the second paragraph of that rule, as either (1) comex
was not a party at the time e published the text, or (2) e failed to
publish its membership.
(One might, conceivably, argue that not publishing the contract's
membership in a context where it would be expected is equivalent to
publishing that the membership is the empty set (though I doubt it
would hold water), which is why I included case (1).)
