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> I'm rude No, you're pedantic. Not that that's much better, but the first step in addressing a problem is achieving clarity about what it actually is. Go ba
by lisper 4y ago
> I'm rude
No, you're pedantic. Not that that's much better, but the first step in addressing a problem is achieving clarity about what it actually is.
Go back to the original question I was responding to:
"why in the world is that kind of contract legal?"
The intent of that question is pretty clearly "why does the law not sanction people who draw up that kind of contract in the same way that it sanctions people who (say) rob banks or sell heroin or falsify business records?" And the answer is: because that kind of contract is not illegal in the same sense that robbing banks is illegal or selling heroin is illegal or falsifying business records is illegal. Yes, it is true that as a term of legal art there is such a thing as an "illegal contract" but the word "illegal" in that context has a very different meaning. There are no legal sanctions for drawing up or even signing an "illegal contract". They are simply unenforceable [1].
You are absolutely right that people should not take anything said on HN as legal advice. But by the same token nothing said on HN should be critiqued by the standards of legal advice, especially when the person you are critiquing has explicitly disclaimed being a lawyer. There is a reason that IANAL is a thing.
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[1] https://www.upcounsel.com/types-of-illegal-contracts https://www.upcounsel.com/types-of-illegal-contracts and note that 1) this page appears on a site offering legal services, and 2) the link for the word "illegal" takes you to a page describing "unenforceable contracts".