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To: KrisKrinkle
If our Constitutions contract doesn't need signing and therefore is not a contract for that reason, then neither an implied contract or an adhesive contract are contracts because they don't need signing.

I do sign implied contracts. I do it by, for example, granting you permission to enter my land. Contracts of adhesion are invalid, and even US law (almost) agrees--for now. A contract of adhesion is a kind of trap: when I open the package, it grabs my ankle and won't let go. The intent behind them is to create the illusion of consent, as if I said to you, "By using the toilet anytime in March, you consent that I'm your rightful overlord." Use the toilet--I dare you! It only proves that you consent...

"Social" contracts are even less valid: someone imposes them on me even though I didn't open any package. They get the authority to do that from the "social contract". Which, of course, is binding, because I'm under this social contract. I came to be under it because someone imposed it on me. And he had the authority to impose it, because the social contract gives him that authority...

369 posted on 02/23/2006 11:11:53 PM PST by Shalom Israel (Pray for the peace of Jerusalem.)
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To: Shalom Israel; tpaine

“I do sign implied contracts. I do it by, for example, granting you permission to enter my land.”

I almost didn’t recognize that as a play on words—humor.

When tpaine used the word “sign” I infer he meant: The subscription of one's name; signature. To mark with characters or one's name. To sign a paper, note, deed, &c. is to write one's name at the foot, or underneath the declaration, promise, covenant, grant, &c., by which the person makes it his own act, To sign one's name, is to write or subscribe it on the paper. Like when you take pen in hand and write your name on a check.

When you used the word “sign” I infer you meant: To signify. To make known something, either by signs or words; to express or communicate to another any idea, thought, wish, by a nod, wink, gesture, signal or other sign. A man signifies his mind by his voice or by written characters; he may signify his mind by a nod or other motion, provided the person to whom he directs it, understands what is intend by it.

But what I wrote was “If our Constitutions contract doesn't need signing and therefore is not a contract for that reason, then neither an implied contract or an adhesive contract are contracts because they don't need signing.”

Responding to that by attributing one meaning of the word sign to the first part and another to the second part may be humorous but it is not truly responsive.


399 posted on 02/24/2006 9:31:33 PM PST by KrisKrinkle
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