Bill: Draft Arbitrate THIS Act

[zLost]

A
BILL
To

Amend the Contracts Act​

The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment

(1) This Act may be cited as the 'Arbitrate THIS Act'

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by ToadKing and Senator Omegabiebel

(4) This Act has been proposed by zLost.

(5) This Act has been co-sponsored by Senator Omegabiebel

2 - Reasons
(1) To prohibit binding arbitration clauses in contracts, as there is no legal framework authorising arbitration in Redmont

(2) To ensure all contractual disputes are resolved through the proper court system.

(3) To fix the numbering of certain Sections of the Contracts Act.

(4) To clarify and define "low playtime".

3 - Amendments
(1) The Contracts Act shall be amended as follows:

"9 - Termination of Contract

10 - Severability
(1) Unless otherwise stated in a contract, all parts of a contract are severable.
(2) In the case that a provision of this contract is found to be invalid, illegal, or unenforceable, the offending provision shall not impact the validity, legality, or enforceability of any other provision of the contract.

11 - Prohibition of Binding Arbitration
(1) Any contractual provision that requires parties to submit disputes to binding arbitration is void and unenforceable.
(2) Parties may not contract away their right to access the court system for the resolution of contractual disputes.
(3) This section does not prohibit:
(a) Voluntary mediation or conciliation processes where all parties agree to participate and retain the right to pursue court proceedings if mediation fails;
(b) Non-binding dispute resolution processes that do not preclude subsequent court action;
(c) Settlement agreements reached after a dispute has arisen.
(4) Any contract containing a binding arbitration clause shall remain valid and enforceable in all other respects under Section 10, with only the arbitration provision being severed and rendered void.

12 - Duty of Good Faith and Fair Dealing.

13 - Force Majeure

14 - Definitions
(1) The following definitions apply:
(1) 'Frustration' means the occurrence of an event that makes the performance of a contract impossible or radically different from what was initially contemplated.
(2) 'Rescission' means the cancellation or annulment of a contract.
(3) 'Counteroffer' means a response to an offer with modified terms.
(4) 'Consideration' means something of value exchanged between parties.
(5) 'Specific Performance' is an equitable remedy compelling a party to perform its contractual obligations.
(6) 'Performance' refers to the fulfilment of contractual obligations.
(7) 'Remedies' are legal or equitable measures to address breaches or violations of a contract.
(8) 'Mutual Agreement' is the consent of all parties involved.
(9) 'Material Breach' is a significant failure to fulfil contractual obligations.
(10) 'Offeror' is the party making an offer.
(11) 'Offeree' is the party to whom an offer is made.
(12) 'Invalidity' refers to the state of being legally void or not enforceable.
(13) 'Legal Relations' involve rights and obligations recognised by law.
(14) 'Waiver' outlines conditions under which a party may waive its rights.
(15) 'Force majeure' is a legal term that describes unforeseeable circumstances or events beyond the control of contractual parties, making it impossible for them to fulfil their obligations.
(16) 'Promise' refers to a commitment made by one party to another without mutuality (consideration).
(17) 'Low playtime' means having under 6 hours of total playtime at the time of entering into the contract."

4 - Transitional Provisions
(1) This Act applies to all existing contracts from the date of enactment.
(2) Any binding arbitration clause in an existing contract is void and unenforceable from the date of enactment.