Proto 2, substantially longer, addressing woggle's (and others') 
comments.  Thoughts?

Arguments:

This "contract" contains TWO blatant self-contradictions.

The FIRST CONTRADICTION is in the first four words:

"1. This contract is non-binding..."

A "non-binding contract" is a contradiction in legal terms, and a 
meaningless semantic construct.  R1742, and R2169, both explicitly 
and implicitly link the concept of "contract" with the concept of it 
being binding in law.   It could be argued that the rules don't 
define a "non-binding agreement", and that a "non-binding agreement" 
could be a contract by common definition.  So looking at the common
definition of "contract" from M-W online:

con·tract
1 a: a binding agreement between two or more persons or parties; 
especially : one legally enforceable

So a "non-binding agreement" isn't a contract in either the Rules 
(which define a contract as an agreement which binds) or in common 
terms (which do the same).   A contract is a contract only as long 
as it is binding, and when it ceases to be binding by its own
mechanisms (or if it never binding), it ceases to be legally 
enforceable, or have a legal impact on the Rules (for example, it 
ceases to govern delegations, powers of Attorney, devolution of 
obligations, transfer of rights and/or duties).

The SECOND CONTRADICTION comes from taking clauses 1-3 together:

1. This contract is non-binding, and so it does not impose any
contractual obligations whatsoever.
2. comex may act on behalf of any party to this contract by 
announcement.
3. Each party to this contract allows comex to act on eir behalf 
by announcement.

comex attempts a semantic trick here, by claiming in Clause 1 that
a contract imposes no obligations, and wording clauses 2-3 to
attempt to avoid any sense of "obligation."  Clauses 2-3, in fact, 
DO impose an obligation on "non-comex" members, an obligation that 
actions taken by comex on their behalf will be binding unto them, in 
the same way that a Power of Attorney obligates grantees to be bound 
by actions taken on their behalf by the grantor.  Therefore, Clauses 
2-3 DO impose obligations on members, and Clauses 2-3 conflict with 
Clause 1.

So there are (at least) TWO CONTRADICTIONS in the body of X.  The 
question is, when multiple clauses conflict with each other,
which clauses have precedence?

If clause 1 has precedence over clauses 2-3, then the contract is 
self-annulling, with Clause 1 annulling the obligations imposed by 
Clauses 2-3, and X is not a contract by Agoran or common definition, 
as described in the FIRST CONTRADICTION, above and a judgement of
FALSE.

If clauses 2-3 have precedence, then they impose obligations on members 
in spite of the claim of Clause 1, and X is a binding contract 
subject to all the Rules on binding contracts, leading to a judgement
of TRUE.

If none of the clauses have precedence, the status of X may be
UNDETERMINED (a self-contradictory loop).

In the absence of any explicit guidance in the contract, I rely on 
the game custom (and method for Rules) of using numerical precedence 
within the body of the contract, and find that Clause 1 has precedence 
over Clauses 2-3.  This contact, by claiming to be non-binding, 
has precedence over the obligations imposed by Clauses 2-3, is self-
annulling, and not a contract.  This is also, I find, in the best
interests of the game, as tossing a blatantly self-contradictory
contract wholly out of the courts as a non-contract is less "nonsense" 
then picking it apart and looking for sense in its individual pieces.

FALSE.



Reply via email to