Re: E-conservatives and libertarianism
AeroJonesy:
The law recognizes implied contracts. But only in some cases. Why can't that work here?
Yes, the implied contracts I was referring to was the ones that fit the legal definition. As you well know, the contracts that most people are familiar with are express contracts; those that directly have all the requirements of a legal, binding contract.
Dondrei:
An implied contract is "
an agreement which is found to exist based on the circumstances when to deny a contract would be unfair and/or result in unjust enrichment to one of the parties".
An example is the following: One of the requirements for a legal contract is an acceptance, which is usually oral or written. 1). I ask you to cut my lawn for $10. You say yes. We have a legally binding express contract. 2). I ask you to cut my lawn for $10. You turn away without saying anything and start to cut my lawn. There is a contract here, but it is implied. If you finish the lawn, I have a legal duty to pay you no less than $10 and you cannot claim any amount more than $10.
Here's a related example. Another requirement is there must be an offer. In both situations above, I made an expressed offer. But let's say that you and I make the same agreement for ten straight weeks. You cut the lawn; I sit in my lawn chair watching you; when you're done, I give you $10. After the fifth week, we don't talk at all: you cut the lawn, I watch, I hand over $10 when you done. On the eleven week the same thing happens except I refuse to pay you, arguing that I never asked you to cut the lawn that week. The courts would rule that we had an implied contract, pointing out the historical pattern, the fact that I could have easily stopped you from cutting the lawn, and, most importantly, that I was unjustly enriched by getting a free freshly mowed lawn.
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Now, both 'implied contracts' and 'negative rights' are accepted terms used throughout the philosophical and legal worlds, respectively. An implied contracts requires more than just an implication and a negative right requires more than just the use of a 'negative' in it's explanation.
If you want to attempt to refute what I just said about implied contracts by using a similar approach to what you did when you went through those tortured gyrations trying to refute the accepted definition of a negative right, feel free and go ahead. I find it amusing as hell to see the lengths you will go to in order to not have to admit that you made a mistake.
You can either (1) forget about your post count and only post on points that you actually know something about; (2) research the topic point at hand before you type on your big, fat, keyboard; or (3) you can continue to be an endless source of amusement.