There is no way in hell any court would uphold that purported "contract".
Tim Send a noteboard - 07/06/2010 08:16:28 PM
For starters, you can't* contract to do something illegal, which assault obviously is.
Also, you can't make an "immoral" contract, even if it's not technically illegal.
Further, it was almost certainly signed under duress. Even if that can't be proven, it won't be hard to show the involvement of duress's weaker cousins, undue influence and facility & circumvention.
Finally, on a much more technical point, it sounds as though there's no consideration (i.e. she's not getting anything in return). In Scots law this isn't a problem as we enforce unilateral promises, but English law doesn't, and US law is generally based on English common law. It may be that some states have abolished the requirement for consideration, but assuming that this state hasn't, and that there was in fact no consideration in this "contract", then this would be a technical flaw which would invalidate the agreement even if it weren't so profoundly disgusting.
*What I mean is that if you do, a court will regard the agreement as a nullity. A contract is an agreement which the courts will enforce, so this is an agreement but not a contract.
Also, you can't make an "immoral" contract, even if it's not technically illegal.
Further, it was almost certainly signed under duress. Even if that can't be proven, it won't be hard to show the involvement of duress's weaker cousins, undue influence and facility & circumvention.
Finally, on a much more technical point, it sounds as though there's no consideration (i.e. she's not getting anything in return). In Scots law this isn't a problem as we enforce unilateral promises, but English law doesn't, and US law is generally based on English common law. It may be that some states have abolished the requirement for consideration, but assuming that this state hasn't, and that there was in fact no consideration in this "contract", then this would be a technical flaw which would invalidate the agreement even if it weren't so profoundly disgusting.
*What I mean is that if you do, a court will regard the agreement as a nullity. A contract is an agreement which the courts will enforce, so this is an agreement but not a contract.
Vigilantibus non dormientibus jura subveniunt.
—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.
—La vie ? Neutre ? C'est très joli, et surtout très logique.
—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.
—La vie ? Neutre ? C'est très joli, et surtout très logique.
Man Accused of Forcing Pregnant Teen Girlfriend to Sign "Abuse Contract"
- 05/06/2010 03:06:07 PM
792 Views
How about: if you don't sign this I'll kill you, your parents, and your baby sister
- 05/06/2010 04:10:55 PM
445 Views
Re: Man Accused of Forcing Pregnant Teen Girlfriend to Sign "Abuse Contract"
- 05/06/2010 05:08:41 PM
461 Views
How do you think one goes about negotiating a contract like that?
- 05/06/2010 11:24:48 PM
424 Views
I think they both deserve some criticism
- 06/06/2010 03:43:33 AM
465 Views
- 06/06/2010 03:43:33 AM
465 Views
It's inappropriate for you to judge an abused woman for sticking with her abuser.
- 06/06/2010 04:17:31 AM
422 Views
i have known alot of abused women
- 06/06/2010 05:34:22 AM
433 Views
Again, if he threatens to track her down and kill her, and threatens to kill others dear to her
- 06/06/2010 07:55:11 AM
404 Views
Nuh-uh. Obviously she's stupid because she has psychological issues. Or something. *NM*
- 06/06/2010 08:59:14 PM
173 Views
Someone crazy enough to make someone sign a contract like that is also crazy enough to hunt her down
- 06/06/2010 09:29:53 PM
380 Views
Re: Again, if he threatens to track her down and kill her, and threatens to kill others dear to her
- 07/06/2010 02:36:30 AM
475 Views
Exactly
- 06/06/2010 09:48:32 AM
419 Views
The problem for women like this one is that leaving the relationship is the most dangerous time.
- 07/06/2010 03:57:11 PM
410 Views
I'll judge all I want, thanks
- 06/06/2010 09:39:25 AM
465 Views
- 06/06/2010 09:39:25 AM
465 Views
Ah, yes. That little known method of psychological therapy--calling people stupid. *NM*
- 06/06/2010 09:01:20 PM
233 Views
I don't think that "contract" has any legal standing, but of course IANAL *NM*
- 07/06/2010 03:07:00 AM
182 Views
There is no way in hell any court would uphold that purported "contract".
- 07/06/2010 08:16:28 PM
379 Views
A not-really-realted case but with similarities is currently up in the Swedish courts
- 07/06/2010 08:40:01 PM
464 Views
The House of Lords decided the same point for English law in 1993.
- 07/06/2010 09:47:54 PM
509 Views

