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Domination & submission _ the BDSM relationship handbook ( PDFDrive )

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consideration involves money or merchandise. Love, affection, loyalty,

and gifts do not legally qualify as consideration.

· Mutuality of Obligation. A valid contract mutually obligates both

parties to something. If there is an absolute right to cancel by any of the

parties, the contract is unenforceable and not legally binding.

· In Writing. Verbal contracts are legal and binding, but they are

virtually unenforceable.

You don’t have to be a practicing attorney to notice a few things that

immediately leap off the page at you, particularly if you’re reading it in the

context of slave contracts. First, anyone under the age of 18 is not legally

competent to enter into a contract of any kind, and yes, this includes people who

pretend to be older in internet chat rooms. Second, all contracts must have a

legal objective. In 1865, the 13 th Amendment to the U.S. Constitution made

slavery illegal in the United States. That makes any slavery contract, by

definition, a contract that is not legally binding. Many slavery contracts also

have provisions requiring the slave to be available to the Dominant for sex.

Since the Dominant has exchanged something of value (the collar) as

consideration, the contract could actually be considered a contract for

prostitution by many states. Finally, many slave contracts contain clauses that

essentially grant the right to either party to walk away from the agreement

unilaterally, without penalties of any kind, which makes it a contract that is not

legally enforceable.

The bottom line? Slave contracts are neither legal nor enforceable in any court

of law in the United States. Now, you may well ask, isn’t marriage a contract

that often defies many, if not all, of those legal requirements? After all, people

under the age of 18 marry all the time and, in most states, sex is a requirement

for the consummation of the marriage. Additionally, most marriages don’t have

a written contract spelling out all of the rights and obligations of the partners,

and if you ask around, you’ll probably find no shortage of people who are

willing to equate marriage with slavery. So, why are slave contracts illegal,

while marriage contracts are not? Here’s why: A slave contract is a contract

solely between two people; a marriage contract is a contract between a couple

and the government.

This subtle difference is, frankly, the same issue that is at the heart of the gay

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