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To: jude24
I don't. Contracts need to be, as they are, subject to the rules of the state.

Actually, Contract is Antecedent and Predent to the State.

(Please advance a Theory of Governance which does not recognize the Theory of Contract as Antecedent).

Unconscionable contracts must be voidable simply because not all contracts are entered into after arms-length negotiations.

If you're referring to "youths", "incompetents", "invalids", and etc., you're arguing Hard Cases against Principle. Hard Cases make Bad Law.

Start at the Beginning. (Please advance a Theory of Governance which does not recognize the Theory of Contract as Antecedent)

Best, OP

2,375 posted on 03/02/2006 11:34:43 AM PST by OrthodoxPresbyterian (`We are Unworthy Servants; We have only done Our Duty - Luke 17:10)
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To: jude24
Actually, Contract is Antecedent and Predent Precedent to the State

Mea Culpa; proceed from my correction.

2,376 posted on 03/02/2006 11:36:02 AM PST by OrthodoxPresbyterian (`We are Unworthy Servants; We have only done Our Duty - Luke 17:10)
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To: OrthodoxPresbyterian
Start at the Beginning. (Please advance a Theory of Governance which does not recognize the Theory of Contract as Antecedent)

Well, that's asking a bit much. My theory of Contract is that contracts freely entered into are presumptively valid, but where there is a gross disparity in power or in benefit, the beneficiary party bears the burden of demonstrating that the contract is valid.

2,418 posted on 03/02/2006 4:18:35 PM PST by jude24 ("Thy law is written on the hearts of men, which iniquity itself effaces not." - St. Augustine)
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