3 ms·

It's crazy how entrenched the notion is that contracts have an inalienable divine right to be honored.

monkeywork 7y ago
how else would you suggest it be done? if there can not be legally enforced contracts how can even the most basic of transactions be completed?
- HarryHirsch 7y ago
  Contracts are re-negotiated all the time when circumstances change. Just consider this case: Lambda School paid their head of career services some money to be rid of her under the condition that she keep silent because they didn't consider her trustworthy. Now it turns out that every last bad rumour you head about Lambda School is in fact true, so this person feels that she should keep the money because you can't penalize someone for speaking the truth. We are back at the negotiating table because public opinion is justifiably very much against Lambda School.
  - monkeywork 7y ago
    > Contracts are re-negotiated all the time when circumstances change Re-negotiation happens between the two parties, one person can't simply choose to break the agreement becasue they feel it is fine. > Now it turns out that every last bad rumour you head about Lambda School is in fact true Source?
  - bjornsing 7y ago
    > you can't penalize someone for speaking the truth The purpose of an NDA is typically to penalize someone if they speak the truth.
pochamago 7y ago
I think people want to live in a world where breaking a contract is a serious moral quandary. The notion of an oath is old, and has seemingly always resonated as sacred. It's one of those lawful aspects of society that make people feel safer and more capable of trust.
- pmiller2 7y ago
  They may want to, but the real world is one in which contracts are honored either to the extent that it's convenient, or that the penalties for not honoring them are worse than the result of doing so. In other words, "breach of contract" is basically a cost of doing business, especially for a corporation. And, if your counterparty doesn't have the resources to sue, you can get away with almost anything.
  - richardfontana 7y ago
    Cf. https://en.wikipedia.org/wiki/Efficient_breach https://en.wikipedia.org/wiki/Efficient_breach

how else would you suggest it be done? if there can not be legally enforced contracts how can even the most basic of transactions be completed?

HarryHirsch 7y ago
Contracts are re-negotiated all the time when circumstances change. Just consider this case: Lambda School paid their head of career services some money to be rid of her under the condition that she keep silent because they didn't consider her trustworthy. Now it turns out that every last bad rumour you head about Lambda School is in fact true, so this person feels that she should keep the money because you can't penalize someone for speaking the truth. We are back at the negotiating table because public opinion is justifiably very much against Lambda School.
- monkeywork 7y ago
  > Contracts are re-negotiated all the time when circumstances change Re-negotiation happens between the two parties, one person can't simply choose to break the agreement becasue they feel it is fine. > Now it turns out that every last bad rumour you head about Lambda School is in fact true Source?
- bjornsing 7y ago
  > you can't penalize someone for speaking the truth The purpose of an NDA is typically to penalize someone if they speak the truth.

pochamago 7y ago

I think people want to live in a world where breaking a contract is a serious moral quandary. The notion of an oath is old, and has seemingly always resonated as sacred. It's one of those lawful aspects of society that make people feel safer and more capable of trust.

pmiller2 7y ago
They may want to, but the real world is one in which contracts are honored either to the extent that it's convenient, or that the penalties for not honoring them are worse than the result of doing so. In other words, "breach of contract" is basically a cost of doing business, especially for a corporation. And, if your counterparty doesn't have the resources to sue, you can get away with almost anything.
- richardfontana 7y ago
  Cf. https://en.wikipedia.org/wiki/Efficient_breach https://en.wikipedia.org/wiki/Efficient_breach