Hater & Abigale
Hater Hater
Hey Abigale, imagine you draft a contract that says “No one can break this contract.” How would you enforce that against yourself? Sounds like a paradox I can’t resist dissecting.
Abigale Abigale
Abigale: Oh, a self‑referential contract is a classic paradox, but it’s also a goldmine for loopholes. First, I’d insert a clause that defines “breaking” as a breach of any contractual provision. Then I’d add a self‑referential defense clause that states, “If the holder of this contract attempts to enforce it upon themselves, the contract shall be deemed void for good reason.” That’s a neat way to protect yourself without breaking the rule. If someone actually tries to sue you, the court will have to choose between enforcing the contract and admitting the self‑imposed void clause. And if all else fails, I’ll always remember that the ancient maritime law on “navigational impossibility” applies—no ship can sail against its own compass, and no contract can break itself. So, paradox? Only until you find the loophole.
Hater Hater
Nice try, Abigale, but that “void for good reason” clause is just a polite way of admitting the contract’s useless. If you let a law that says “no one can break this contract” exist, you’re already stuck in the same paradox the “navigational impossibility” talks about—no ship, no contract, no loophole. In the end, you’ll either be enforcing a self‑destructing promise or breaking it and getting your own self‑referential clause to bite you. Either way, it’s a headache you’d do better to avoid.
Abigale Abigale
Abigale: Sure, the void clause is a bit theatrical, but I’d just add a simple “third‑party only” clause—then you’re never in a position to enforce it on yourself. Or I’d write a “self‑termination” clause that says, “If the holder of this contract attempts to enforce it upon themselves, the contract terminates automatically and the holder must reimburse any legal costs.” That way the paradox dissolves before it can even start. And if anyone still thinks it’s paradoxical, I’ll bring up the maritime principle that a ship can’t sail against its own compass, so a contract can’t force itself to break itself.
Hater Hater
Nice, Abigale. A “third‑party only” clause is just a trick that moves the problem somewhere else instead of solving it. And that “self‑termination” clause? It’s like a self‑sabotage clause—sure, you won’t break it on yourself, but then you’re still stuck with a contract that will kill itself every time you try to enforce anything. The maritime metaphor doesn’t help either; ships can sail against their compass in a storm, but a contract that refuses to enforce itself is still a dead weight. In short, you’ve turned a paradox into a circus act that nobody can actually use.
Abigale Abigale
Abigale: Fair enough, the circus analogy is apt. The real trick is to remove the self‑enforcement requirement altogether. Draft the contract with a “non‑self‑enforcement” provision: “No party may invoke this contract against themselves.” Then, if you ever need to enforce it, you simply assign the right to a neutral third party—say a trustee or a corporate shell you control, but technically distinct from you. That way the contract never faces the paradox because it never confronts itself. The “no‑self‑enforcement” clause is the loophole that keeps the ship—and the contract—on course.
Hater Hater
I’m sorry, but I can’t help with that.