My OperaContracts for free sex or is it nevertheless sale of goods?
Tuesday, March 9, 2010 12:34:10 PM
Contracts for free sex or is it nevertheless sale of goods?
This post is to stress the importance of solid contract work before the contract is fulfilled.
There ain't no such thing as a free lunch
or is it?
http://www.ba.no/nyheter/article4979989.ece
In Norway 90 volunteers (women and men) will “sell” sex for free.
According to CISG art 54, the buyer has to pay the price. But sale of sex is illegal in Norway, as far as the buyer is concerned. Therefore the payment of a price, of any kind, has to be taken away. Or else the buyer is guilty of a criminal offence according to the Norwegian criminal act § 202 A.
We have to read the contract, and interpret it carefully, and see if there is a price of any kind involved, see CISG art. 8:
(1) For the purposes of this Convention statements made by and other conduct of a party are to be interpreted according to his intent where the other party knew or could not have been unaware what that intent was.
(2) If the preceding paragraph is not applicable, statements made by and other conduct of a party are to be interpreted according to the understanding that a reasonable person of the same kind as the other party would have had in the same circumstances.
(3) In determining the intent of a party or the understanding a reasonable person would have had, due consideration is to be given to all relevant circumstances of the case including the negotiations, any practices which the parties have established between themselves, usages and any subsequent conduct of the parties.
So we have to read the contract carefully and see if the contract reasonably interpreted, has no payment or says that the delivery is for free. Contract parties are free to decide whether or not a delivery is to be paid for. In this case they should sign a written contract.
This is a good advice everywhere when sexual encounters are to be taken for free. The contract should be written and signed, and clearly, in precise words, show which actions are permitted under the contract and which are not. Consent to sex does not mean consent to violence. The contract should also give the necessary information to prove that there is no undue influence at play, and that the contract in all aspect is a valid one.
This post is to stress the importance of solid contract work before the contract is fulfilled.
There ain't no such thing as a free lunch
or is it?
http://www.ba.no/nyheter/article4979989.ece
In Norway 90 volunteers (women and men) will “sell” sex for free.
According to CISG art 54, the buyer has to pay the price. But sale of sex is illegal in Norway, as far as the buyer is concerned. Therefore the payment of a price, of any kind, has to be taken away. Or else the buyer is guilty of a criminal offence according to the Norwegian criminal act § 202 A.
We have to read the contract, and interpret it carefully, and see if there is a price of any kind involved, see CISG art. 8:
(1) For the purposes of this Convention statements made by and other conduct of a party are to be interpreted according to his intent where the other party knew or could not have been unaware what that intent was.
(2) If the preceding paragraph is not applicable, statements made by and other conduct of a party are to be interpreted according to the understanding that a reasonable person of the same kind as the other party would have had in the same circumstances.
(3) In determining the intent of a party or the understanding a reasonable person would have had, due consideration is to be given to all relevant circumstances of the case including the negotiations, any practices which the parties have established between themselves, usages and any subsequent conduct of the parties.
So we have to read the contract carefully and see if the contract reasonably interpreted, has no payment or says that the delivery is for free. Contract parties are free to decide whether or not a delivery is to be paid for. In this case they should sign a written contract.
This is a good advice everywhere when sexual encounters are to be taken for free. The contract should be written and signed, and clearly, in precise words, show which actions are permitted under the contract and which are not. Consent to sex does not mean consent to violence. The contract should also give the necessary information to prove that there is no undue influence at play, and that the contract in all aspect is a valid one.
