[DRAFT] Contract Formation

[Erithaca]

Contract Formation
Category: Regulation | Area of Effect: Legal Reform | Proposed by: Erithaca

The General Assembly,


Reaffirming the freedom to contract,


Creating a system of requirements that define a contract that applies to the international sale of goods,


Allowing national governments to create more stringent contract formation procedures,


Hereby,

1. Defines:
   
   
   1. "contract" as a legally enforceable agreement,
      
      
   2. "offer" as a definite statement of willingness to enter a bargained agreement should certain conditions be met,
      
      
   3. "acceptance" as a definite statement of willingness to comply with the terms of an offer.
   
   
2. Encourages nations to use written contracts as opposed to oral contracts.
   
   
3. Requires a contract to be recorded in writing in cases of contracts in circumstances of:
   
   
   
   1. marriage,
      
   2. obligations that could conceivably require more than a year to perform,
      
   3. transfer of real estate,
      
   4. and when parties assume debt responsibility.
   
   
4. Requires that a valid acceptance contains exactly the same details as an offer. An acceptance that contains modifications is a rejection of the offer and a counter-offer.
   
   
5. Mandates that the signer of a contract becomes bound to it at the moment of signing.
   
   
6. Requires that, for a contract to be formed, the parties must reach mutual assent through an offer and an acceptance.
   
7. Clarifies that an offer distributed by advertisement does not constitute an offer, but an indication of preparedness to negotiate a deal.
   
8. Clarifies that an offer is only effective when it has reached the offeree and that an acceptance is only effective when it has reached the offeror. A late acceptance is effective if without delay the offeror informs the offeree.
   
   
9. Allows for an offer to be revoked if the revocation reaches the offeree before acceptance.
   
   
10. Grants the oferree the ability to withdraw if the withdrawal reaches the offeror before the time that acceptance becomes effective.
    
    
11. Allows for contracts to exist, according to the judgement of national government, when parties have not exchanged words of agreement, but their conduct indicates that an agreement exists.
    
    
12. Removes the obligations of a contract when:
    
    
    
    1. The contract is accepted because of violence, or threat against the person. The threat must be illegal, have no reasonable alternative and directly affect the contract,
       
    2. The signer is unable to understand the purpose of the document because of blindness, some other disability, or illiteracy, which has caused a fundamental mistake that makes the document radically different from one intended to be signed.

[Separatist Peoples]

Ooc: this is just a copy of a Restatement of Contracts summary. While I'm the first to suggest one look to real world law, some of this looks to be lifted word for word.

[Araraukar]

Ooc: this is just a copy of a Restatement of Contracts summary. While I'm the first to suggest one look to real world law, some of this looks to be lifted word for word.

OOC: And in case ^that's not clearly enough said, plagiarism is a big no-no, and if submitted, can get you booted from the WA on the spot.

[Aclion]

Ooc: this is just a copy of a Restatement of Contracts summary. While I'm the first to suggest one look to real world law, some of this looks to be lifted word for word.

Can you share the original text so we can compare?

[Separatist Peoples]

Ooc: this is just a copy of a Restatement of Contracts summary. While I'm the first to suggest one look to real world law, some of this looks to be lifted word for word.

Can you share the original text so we can compare?

Ooc: I've got it in hard copy so that will be very hard. But I'm willing to do what I can when I'm off moble.

[Separatist Peoples]

Ooc: even if this does not rise to literal plagiarism, I am concerned about the application of US contract law carte blanche to an international setting.

[Separatist Peoples]

OOC: Alright, I checked this against some things. I promise I'll stop posting in series like this after this post.

The wording used in this is extremely close to the language of the Restatements on Contracts, but the modification to GA format technically saves it.

Except for the definitions of Offer and Acceptance. Those flagged red on my Plagiarism Checker. You should change them.

Even if this technically passes muster, I must STRONGLY advise against this being submitted as drafted. This matches my Law School outline for Contracts almost perfectly, and I question the value, ICly and OOCly, of replicating US common law like this. Little of this is actually your own original work.

Ok /rant.

[Erithaca]

Contract law is something that I have realitively limited knowledge on so, yes, this is not anywhere near my original work. I will change some definitions. What specific parts do you think replicate US law strongly? Separatist Peoples, as a lawyer, I really value your help.

[Wrapper]

Contract law is something that I have realitively limited knowledge on so, yes, this is not anywhere near my original work. I will change some definitions. What specific parts do you think replicate US law strongly? Separatist Peoples, as a lawyer, I really value your help.

Let me rephrase what Separatist Peoples is trying to say, with the authority of a moderator. Do not submit proposals that are not your original work. If you are caught doing so, your proposal will be pulled and you will be ejected from the WA.

[Erithaca]

I have made a load of wording changes, removed clauses on internet contracts and a phrase from the postal clause. I am going to look at some international contract law for inspiration.

Contract law is something that I have realitively limited knowledge on so, yes, this is not anywhere near my original work. I will change some definitions. What specific parts do you think replicate US law strongly? Separatist Peoples, as a lawyer, I really value your help.

Let me rephrase what Separatist Peoples is trying to say, with the authority of a moderator. Do not submit proposals that are not your original work. If you are caught doing so, your proposal will be pulled and you will be ejected from the WA.

Not trying to pick a fight with moderators, but what I was saying that is that the principles of my proposal came from various IRL law sources, but no, the wording was not plagiarised.

[Kenmoria]

“Put line breaks between each clause please, to reduce the wall of text. I also find it odd implicitly calling illiteracy a disability in the final clause.”

[Arasi Luvasa]

“Put line breaks between each clause please, to reduce the wall of text. I also find it odd implicitly calling illiteracy a disability in the final clause.”

Should probably be written as 'blindness, some other disability or illiteracy'. Otherwise just make a note about inability to read said said document.

This should be fun for cultures where writing is considered evil Now I considering creating a nation where writing is considered a form of devil-worship and as a result the practice is illegal.

[Erithaca]

“Put line breaks between each clause please, to reduce the wall of text. I also find it odd implicitly calling illiteracy a disability in the final clause.”

Should probably be written as 'blindness, some other disability or illiteracy'. Otherwise just make a note about inability to read said said document.

This should be fun for cultures where writing is considered evil :eyebrow: Now I considering creating a nation where writing is considered a form of devil-worship and as a result the practice is illegal.

If you don't write, contract law will be the least of your problems. Line breaks will be added and the disability clause will be rephrased.

[Arasi Luvasa]

I am fairly sure that pre-writing societies did fine. The Khoi and the San for example. Also if they were, for instance, a race of sentient bats 'seeing' through echolocation in a lightless land.

other disability, or illiteracy,

I do believe that the comma after "or" should be removed.

which has caused a fundamental mistake that makes the document radically different from one intended to be signed.

I don't understand how it would do this. Unless you are implicating that the signer was coerced into signing the contract under false pretenses, in which case that seems like an issue which should be addressed as well.

[Erithaca]

Parts of the resolution have been changed to have less relation to US Contract Law.

[Bears Armed]

OOC
Quick post: Check for compatibility with GAR #205.

[Kenmoria]

“12a appears to allow the manipulation of circumstances that are not created by the offerer to force someone into a contract, due to the words ‘caused by the threatening party’ at the end. I also believe that economic pressure need not be included, as a lot of contracts are taken as a result of economic need, such as business ones.”

(OOC: A few of the clauses had formatting out of line with the rest of the proposal. Here’s the code with them fixed:

Code: Select all

[box][align=center][b][size=130]Contract Formation[/size][/b]
Category: Regulation | Area of Effect: Legal Reform | Proposed by: [nation]Erithaca[/nation][/align]
The General Assembly,

Reaffirming the freedom to contract,

Creating a system of requirements that define a contract that applies to the international sale of goods,

Allowing national governments to create more stringent contract formation procedures,

Hereby,

[list=1]
[*]Defines:

[list=a]
[*]"contract" as a legally enforceable agreement,


[*]"offer" as a definite statement of willingness to enter a bargained agreement should certain conditions be met,


[*]"acceptance" as a definite statement of willingness to comply with the terms of an offer.[/list]


[*]Encourages nations to use written contracts as opposed to oral contracts.


[*]Requires a contract to be recorded in writing in cases of contracts in circumstances of:

[list=a]
[*]marriage,


[*]obligations that could conceivably require more than a year to perform,


[*]transfer of real estate,


[*]and when parties assume debt responsibility.[/list]


[*]Requires that a valid acceptance contains exactly the same details as an offer. An acceptance that contains modifications is a rejection of the offer and a counter-offer.


[*]Mandates that the signer of a contract becomes bound to it at the moment of signing.


[*]Requires that, for a contract to be formed, the parties must reach mutual assent through an offer and an acceptance.


[*]Clarifies that an offer distributed by advertisement does not constitute an offer, but an indication of preparedness to negotiate a deal.


[*]Clarifies that an offer is only effective when it has reached the offeree and that an acceptance is only effective when it has reached the offeror. A late acceptance is effective if without delay the offeror informs the offeree.


[*]Allows for an offer to be revoked if the revocation reaches the offeree before acceptance.


[*]Grants the oferree the ability to withdraw if the withdrawal reaches the offeror before the time that acceptance becomes effective.


[*]Allows for contracts to exist, according to the judgement of national government, when parties have not exchanged words of agreement, but their conduct indicates that an agreement exists.


[*]Removes the obligations of a contract when:
[list=a]
[*]The contract is accepted because of violence, threat, or economic pressure against the person. The threat must be illegal, have no reasonable alternative, directly affect the contract and be caused by the threatening party,


[*]The signer is unable to understand the purpose of the document because of blindness, some other disability, or illiteracy, which has caused a fundamental mistake that makes the document radically different from one intended to be signed.[/list][/list][/box]

This looks like:

Contract Formation
Category: Regulation | Area of Effect: Legal Reform | Proposed by: Erithaca

The General Assembly,

Reaffirming the freedom to contract,

Creating a system of requirements that define a contract that applies to the international sale of goods,

Allowing national governments to create more stringent contract formation procedures,

Hereby,

1. Defines:
   
   
   1. "contract" as a legally enforceable agreement,
      
      
   2. "offer" as a definite statement of willingness to enter a bargained agreement should certain conditions be met,
      
      
   3. "acceptance" as a definite statement of willingness to comply with the terms of an offer.
   
   
2. Encourages nations to use written contracts as opposed to oral contracts.
   
   
3. Requires a contract to be recorded in writing in cases of contracts in circumstances of:
   
   
   1. marriage,
      
      
   2. obligations that could conceivably require more than a year to perform,
      
      
   3. transfer of real estate,
      
      
   4. and when parties assume debt responsibility.
   
   
4. Requires that a valid acceptance contains exactly the same details as an offer. An acceptance that contains modifications is a rejection of the offer and a counter-offer.
   
   
5. Mandates that the signer of a contract becomes bound to it at the moment of signing.
   
   
6. Requires that, for a contract to be formed, the parties must reach mutual assent through an offer and an acceptance.
   
   
7. Clarifies that an offer distributed by advertisement does not constitute an offer, but an indication of preparedness to negotiate a deal.
   
   
8. Clarifies that an offer is only effective when it has reached the offeree and that an acceptance is only effective when it has reached the offeror. A late acceptance is effective if without delay the offeror informs the offeree.
   
   
9. Allows for an offer to be revoked if the revocation reaches the offeree before acceptance.
   
   
10. Grants the oferree the ability to withdraw if the withdrawal reaches the offeror before the time that acceptance becomes effective.
    
    
11. Allows for contracts to exist, according to the judgement of national government, when parties have not exchanged words of agreement, but their conduct indicates that an agreement exists.
    
    
12. Removes the obligations of a contract when:
    
    
    
    1. The contract is accepted because of violence, threat, or economic pressure against the person. The threat must be illegal, have no reasonable alternative, directly affect the contract and be caused by the threatening party,
       
       
    2. The signer is unable to understand the purpose of the document because of blindness, some other disability, or illiteracy, which has caused a fundamental mistake that makes the document radically different from one intended to be signed.

.)

[Erithaca]

“12a appears to allow the manipulation of circumstances that are not created by the offerer to force someone into a contract, due to the words ‘caused by the threatening party’ at the end. I also believe that economic pressure need not be included, as a lot of contracts are taken as a result of economic need, such as business ones.”

Thanks for the code!
The words "economic pressure" and "caused by the threatening party" have been removed.

OOC
Quick post: Check for compatibility with GAR #205.

I think it seems compatible. Would any problems with 3 be put to rest by 5?