A rudimentary law of contract?

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Vilhelm Benkern
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A rudimentary law of contract?

Post by Vilhelm Benkern »

There isn't a Mango Bar anymore so I guess I'll just post this here (the Judex front steps).

Recently, the Baron of Holly established a trust, and it got me thinking about the role of all of these legal concepts in Shireroth. Now, I know there is sometimes some worry about legalism or lawyerism in this nation. I'm not proposing we have a Trusts & Trustees Act. But, would a basic statement of law in the ICOL about the courts honouring contract be amiss? Many deals take place informally (via PM), but what happens if one party refuses to pay, goes bankrupt, or disappears? For economic security and the good of the various artisans and craftsmen and women of the nation, I would at least appreciate a statement from the Arbiter that he would entertain such a claim.

Edit: Seems, if it was a service (could be construed widely) this could come under 'Financial Fraud', Section M, Chap XIII.
Section M: Fraud
Subsection 1: Deception
Any person who by means of deception persuades another to act or not to act shall, if zie profits and the victim, or zir representative, suffers a loss, be found guilty of fraud and suffer the ordeal set by the Imperial Judex.
Subsection 2: Financial Fraud
Any person who makes use of a service for which there is a stated fee, without paying that fee, shall be found guilty of fraud and suffer the ordeal set by the Imperial Judex.
Vilhelm Benkern DEOMI, Member of the Order of the Dragon, Silver Swan, Red Dragon
Dirigent of Musica, Count of Mar Sara
In Aryasht Prapta Vrteti, former Prince of Aryasht; Zaila Vrteti, Norfolknath
In Elwynn Benjamin Sebasokrator Timothy Quentin Kern, Duke of Raikoth
In Khalypsil Representative of the Wisdom

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Jacobus Loki
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Re: A rudimentary law of contract?

Post by Jacobus Loki »

Perhaps contracts could be registered with the Judex, or with the a Duke if its a local matter?
Jacobus Loki

Once and Future King of the Ma'alanje
Prophet of Loki, Wielder of the Sword of Madness

Shireroth sumus. Tempus in parte nostrum est.

Malliki
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Re: A rudimentary law of contract?

Post by Malliki »

The traditional way of making a legal contract in Shireroth is by using the Oaths provision in the ICoL. This can easily be used to make an oath of contract if witnessed by a member of the Judex. I would also consider contracts without an oath to be legal under the common law, depending on the way the parties agreed to it. A case brought before this court would be helpful.
Malliki Tosha
Acting Xonuti of the Free State of Sanilla
Poluti Poki'i of Sanilla

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Vilhelm Benkern
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Re: A rudimentary law of contract?

Post by Vilhelm Benkern »

Thanks for the quick reply, milord Arbiter. My chief concern is private arrangements without an official oath. This is because, due to the nature of many individual trader practices, prices are agreed via PM - not fit for public witness. We could have these arrangements forwarded to the Arbiter via PM, I suppose, as the Duke of Goldshire suggests. This has been brought to mind because I'm currently contracting a noble of Shireroth to produe some coats of Arms for Mar Sara, though I'm afraid milord I intend to pay up, so no case for now. =p
Vilhelm Benkern DEOMI, Member of the Order of the Dragon, Silver Swan, Red Dragon
Dirigent of Musica, Count of Mar Sara
In Aryasht Prapta Vrteti, former Prince of Aryasht; Zaila Vrteti, Norfolknath
In Elwynn Benjamin Sebasokrator Timothy Quentin Kern, Duke of Raikoth
In Khalypsil Representative of the Wisdom

Malliki
Posts: 1803
Joined: Fri Feb 04, 2011 5:43 am

Re: A rudimentary law of contract?

Post by Malliki »

Sorry for the late reply. If you fail to pay up, I would hear any case brought against you under the common law.
Malliki Tosha
Acting Xonuti of the Free State of Sanilla
Poluti Poki'i of Sanilla

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