Vetoed Contracts Act

[End]

A
BILL
To

Establish a better foundation for contract law.

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 'Contracts Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by: Rep. xEndeavour
(4) This Act has been co-sponsored by: Rep. Snowy_Heart

2 - Reasons
(1) The current CLF framework has a lot of fluff and little value in the principles it sets out. It is vague and is limiting in its application.

3 - Rescind
(1) Act of Congress - Contract Law Creation Act
(2) Act of Congress - The Foundation of Contract Law (CLF)

4 - Contract Formation
(1) A contract is a legally binding agreement between two or more parties that creates an obligation to do or not do a particular thing.
(2) A valid contract is formed when the following legal test is met:
(a) Offer. An offer is a clear and unequivocal communication expressing a party's willingness to enter into a contract, either explicitly stated or reasonably inferred from the circumstances.
(b) Acceptance. Acceptance is the positive and unambiguous response to an offer communicated to the offeror, mirroring the terms of the offer and conveyed through various means.
(c) Consideration. Consideration, an essential element, involves the exchange of something of value between parties, with sufficiency though not necessarily adequacy. Consideration can be tangible or intanglbie.
(d) Intent. Parties must demonstrate a clear intention to create legal obligations for the contract to be valid.
(e) Capacity. Parties entering into a contract must possess the legal capacity to do so. Players with low playtime may lack the capacity to fairly enter a contract.

5 - Terms
(1) Express Terms. The terms of a contract may be expressly stated or implied based on the intentions of the parties.
(2) Implied Terms. Implied terms may be derived from law, custom, or the conduct of the parties.

6 - Validity
(1) Contracts must meet the requirements outlined in this Act to be valid and enforceable.

7 - Breach of Contract
(1) A breach of contract occurs when a party fails to fulfil its contractual obligations.
(a) Remedies for breach may include damages, specific performance, or other equitable relief.

8- Misrepresentation
(1) Misrepresentation happens when a false statement induces another party to enter into a contract.
(a) Remedies for misrepresentation may include rescission, damages, or other appropriate relief.

12 - Termination of Contract
(1) A contract may be terminated by mutual agreement, successful performance, frustration, or due to a material breach.
(a) The innocent party may terminate the contract in the case of a significant breach.

13 - 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.

14 - Duty of Good Faith and Fair Dealing.
(1) Parties to a contract shall perform their respective duties and exercise their rights under the contract in good faith and in a manner that is fair and just.
(2) There exists an implied covenant of good faith and fair dealing in every contract covered by this Act, whether or not expressly stated. This covenant shall be read into contracts to ensure that the parties act with honesty, integrity, and fairness in all aspects of their contractual relationship.

15 - Force Majeure
(1) Notification and Mitigation. The party affected by a force majeure event must promptly inform the other party and diligently take steps to minimise its impact on the contract.
(2) Temporary Suspension. During a force majeure event, the affected party may temporarily suspend contractual duties to the extent that the situation significantly hinders their ability to fulfill obligations.
(3) Termination Right. Should the force majeure event persist, either party retains the right to terminate the contract without incurring liability.
(4) Bankruptcy and other events where there has been negligence, acceptance of unnecessary risk, or mismanagement are not considered force majeure events.

16 - Definitions
(1) The following definitions apply:
(a) 'Frustration' means the occurrence of an event that makes the performance of a contract impossible or radically different from what was initially contemplated.
(b) 'Rescission' means the cancellation or annulment of a contract.
(c) 'Counteroffer' means a response to an offer with modified terms.
(d) 'Consideration' means something of value exchanged between parties.
(e) 'Specific Performance' is an equitable remedy compelling a party to perform its contractual obligations.
(f) 'Performance' refers to the fulfilment of contractual obligations.
(g) 'Remedies' are legal or equitable measures to address breaches or violations of a contract.
(h) 'Mutual Agreement' is the consent of all parties involved.
(i) 'Material Breach' is a significant failure to fulfil contractual obligations.
(j) 'Offeror' is the party making an offer.
(k) 'Offeree' is the party to whom an offer is made.
(l) 'Invalidity' refers to the state of being legally void or not enforceable.
(m) 'Legal Relations' involve rights and obligations recognised by law.
'Waiver' outlines conditions under which a party may waive its rights.
(o) '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.
(p) 'Promise' refers to a commitment made by one party to another without mutuality (consideration).

 

[Krix]

nay , needs to include legality of purpose

 

[End]

nay , needs to include legality of purpose

(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.

Any illegal terms are severed.

 

[xLayzur]

Veto

This bill has been vetoed for the following reasons: The bill, in its current form, contains provisions that lack clarity and may lead to confusion in their interpretation. Specific sections, such as (Section 16(o)), (Section 12), (Section 4(2)(e)), (Section 14), (Section 15(4)) and are ambiguous and could result in varying interpretations, contradictions, and potentially legal disputes.