31 arguments against gay marriage (and why they’re all wrong)

[elmcitymaven 9,712]

A goat does not have the legal capacity to enter into a contract. Otherwise, I agree except to the extent that the government does and should have an interest in every contact insofar as a contract's enforceability through the legal system. A marriage is merely a property contract that we've stuck a lot of sentimental paraphernalia onto.

[Gary and Alla 3,694]

A goat does not have the legal capacity to enter into a contract. Otherwise, I agree except to the extent that the government does and should have an interest in every contact insofar as a contract's enforceability through the legal system. A marriage is merely a property contract that we've stuck a lot of sentimental paraphernalia onto.

Well then, just shack up with the goat. But since there is no government discrimination giving preference to one format of marriage over another, who cares?

[Ban Hammer 13,134]

The people on the right look like they're having WAY more fun.

i think the guy on the left isn't looking at the salad...

[elmcitymaven 9,712]

Well then, just shack up with the goat. But since there is no government discrimination giving preference to one format of marriage over another, who cares?

[Danno 1,228]

Why not pick your favorite from all of them listed and give it your best shot?

No no, I don't want it to be said I only took the easiest ones.

Let'em pick 5 of his best, I will hit it like a T-ball.

[Bad_Daddy 2,209]

No no, I don't want it to be said I only took the easiest ones.

Let'em pick 5 of his best, I will hit it like a T-ball.

[Danno 1,228]

A goat does not have the legal capacity to enter into a contract. Otherwise, I agree except to the extent that the government does and should have an interest in every contact insofar as a contract's enforceability through the legal system. A marriage is merely a property contract that we've stuck a lot of sentimental paraphernalia onto.

If you knew anything about Contracts and what even makes one legal you would stop parroting this stuff. Marriage is nothing like a contract, in any way.

[Gary and Alla 3,694]

If you knew anything about Contracts and what even makes one legal you would stop parroting this stuff. Marriage is nothing like a contract, in any way.

Should be. That would eliminate the "problem"

[Danno 1,228]

Should be. That would eliminate the "problem"

What problem is that? In fact it is so popular others are trying to get in on it.

Edited November 20, 2012 by Danno

[elmcitymaven 9,712]

If you knew anything about Contracts and what even makes one legal you would stop parroting this stuff. Marriage is nothing like a contract, in any way.

Do tell me about contracts. I'm all ears.

[Gary and Alla 3,694]

What problem is that? In fact it is so popular others are trying to get in on it.

Eliminate the discrimination for certain forms of marriage and there is nothing more to "get in on"

[Danno 1,228]

Eliminate the discrimination for certain forms of marriage and there is nothing more to "get in on"

Or nothing left to "GET IN ON"

... when everything is marriage... nothing is.

[Danno 1,228]

Do tell me about contracts. I'm all ears.

Four Essential Elements of a Contract

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.

Offer

There must be a definite, clearly stated offer to do something. For example: A quotation by sub-contractor to the main contractor and an offer to lease.

An offer does not include ball park estimates, requests for proposals, expressions of interest, or letters of intent.

An offer will lapse:

when the time for acceptance expires;

if the offer is withdrawn before it is accepted; or

after a reasonable time in the circumstances (generally the greater the value of the contract, the longer the life of the offer).

Invitation to treat

An invitation to treat is a mere declaration of willingness to enter into negotiations; it is not an offer, and cannot be accepted so as to form a binding contract. An agreement is not created if there is an acceptance of the invitation to treat.

An invitation to treat is part of the preliminaries of negotiation, whereas an offer is legally binding once accepted, subject to compliance with the terms of the offer. For example: Invitations to treat are advertisements, price lists, circulars and catalogues.

Acceptance

Only what is offered can be accepted. This means that the offer must be accepted exactly as offered without conditions. If any new terms are suggested this is regarded as a counter offer which can be accepted or rejected.

There can be many offers and counter offers before there is an agreement. It is not important who makes the final offer, it is the acceptance of that offer that brings the negotiations to an end by establishing the terms and conditions of the contract.

Acceptance can be given verbally, in writing, or inferred by action which clearly indicates acceptance (performance of the contract). In any case, the acceptance must conform with the method prescribed by the offerer for it to be effective.

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Intention of legal consequences

A contract requires that the parties intend to enter into a legally binding agreement. That is, the parties entering into the contract must intend to create legal relations and must understand that the agreement can be enforced by law.

The intention to create legal relations is presumed, so the contract doesn't have to expressly state that you understand and intend legal consequences to follow.

If the parties to a contract decide not to be legally bound, this must be clearly stated in the contract for it not to be legally enforceable.

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Consideration

In order for a contract to be binding it must be supported by valuable consideration. That is to say, one party promises to do something in return for a promise from the other party to provide a benefit of value (the consideration)

Consideration is what each party gives to the other as the agreed price for the other's promises. Usually the consideration is the payment of money but it need not be; it can be anything of value including the promise not to do something, or to refrain from exercising some right.

The payment doesn't need to be a fair payment. The courts will not intervene where one party has made a hard bargain unless fraud, duress or unconscionable conduct is involved.

[Gary and Alla 3,694]

Four Essential Elements of a Contract

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.

Offer

There must be a definite, clearly stated offer to do something. For example: A quotation by sub-contractor to the main contractor and an offer to lease.

An offer does not include ball park estimates, requests for proposals, expressions of interest, or letters of intent.

An offer will lapse:

when the time for acceptance expires;

if the offer is withdrawn before it is accepted; or

after a reasonable time in the circumstances (generally the greater the value of the contract, the longer the life of the offer).

Invitation to treat

An invitation to treat is a mere declaration of willingness to enter into negotiations; it is not an offer, and cannot be accepted so as to form a binding contract. An agreement is not created if there is an acceptance of the invitation to treat.

An invitation to treat is part of the preliminaries of negotiation, whereas an offer is legally binding once accepted, subject to compliance with the terms of the offer. For example: Invitations to treat are advertisements, price lists, circulars and catalogues.

Acceptance

Only what is offered can be accepted. This means that the offer must be accepted exactly as offered without conditions. If any new terms are suggested this is regarded as a counter offer which can be accepted or rejected.

There can be many offers and counter offers before there is an agreement. It is not important who makes the final offer, it is the acceptance of that offer that brings the negotiations to an end by establishing the terms and conditions of the contract.

Acceptance can be given verbally, in writing, or inferred by action which clearly indicates acceptance (performance of the contract). In any case, the acceptance must conform with the method prescribed by the offerer for it to be effective.

Back to top

Intention of legal consequences

A contract requires that the parties intend to enter into a legally binding agreement. That is, the parties entering into the contract must intend to create legal relations and must understand that the agreement can be enforced by law.

The intention to create legal relations is presumed, so the contract doesn't have to expressly state that you understand and intend legal consequences to follow.

If the parties to a contract decide not to be legally bound, this must be clearly stated in the contract for it not to be legally enforceable.

Back to top

Consideration

In order for a contract to be binding it must be supported by valuable consideration. That is to say, one party promises to do something in return for a promise from the other party to provide a benefit of value (the consideration)

Consideration is what each party gives to the other as the agreed price for the other's promises. Usually the consideration is the payment of money but it need not be; it can be anything of value including the promise not to do something, or to refrain from exercising some right.

The payment doesn't need to be a fair payment. The courts will not intervene where one party has made a hard bargain unless fraud, duress or unconscionable conduct is involved.

Sounds like a perfect marriage

[SaharaSunset 165]

A male and female together can create human life. 2 males or 2 females cannot come together and create human life, without the help of a member of the opposite sex.

Edited November 20, 2012 by SaharaSunset