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No, it's nothing like the first two. Common law would disqualify the first two, while certaintly allowing the last. The last is only thrown out by courts becau
by CryptoPunk 8y ago
No, it's nothing like the first two. Common law would disqualify the first two, while certaintly allowing the last.
The last is only thrown out by courts because of statutory interference/intervention in contracts.
- azernik 8y agoa) There is no such thing as common law in non-UK Europe. b) Common law was perfectly fine with slavery until it was outlawed by statute. c) Even in the American system, common law is just one more source of law, alongside statute. Common law prohibits "unconscionable" contracts, but that doesn't mean statute law is prohibited from prohibiting other kinds of contracts (which it does all the time). Hence the boilerplate "void where prohibited" language in all kinds of contracts.