I suspect most people who hold sacred holy cow views of contracts upon which they build elaborate political economy theory and "enforceability of contracts" have never actually wrangled messy real-world contracts, or bickered over buggy clauses written or arbitrated by humans.
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I feel you. That's why I read footnotes and assumptions first.
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Do you have any interesting opinions about blockchain based "smart contracts" (https://www.openlaw.io/ )? When you put contracts into literal code, you have to contend with just how much of that messiness is a desired feature and code it in explicitly (manual arbitration, etc)
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Also not a lawyer but was responsible for rewriting corporate bylaws in collab with one. Layman view of sanctity of contracts is a long way from reality.
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Ex qualified lawyer. Did contracts. You’re right, these people have no idea. Variables declared at runtime on each instance, plus “eventual consistency” is only really enforced by courts :) I COULD GO ON.
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Each court/judge its own execution environment etc. That said it’s still a surprise lawyers haven’t cottoned on to source control and versioning more than wordperfect or track changes.
End of conversation
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I am a lawyer and I have built websites in PHP. Contract law is 1kX PHP (or 1Mx if foreign law is raised) running on an operating system (the mind of a random judge) that is better than MS-DOS in many ways, but more likely to corrupt the data on storage or access.
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I recall at least 2 or 3 multimillion dollar cases based on interpretation of comma placement or use of the word "and"
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