Quote:
Originally Posted by emexem
Sorry M'learned Scoundrels' and Otokos'
A contract can be considered void if it restricts trade- clearly this does.
A contract can also be voidable (different from void)- why dont I just shut up and avoid ( different in law ) - aaaaaaaaaaargh a quick boot in the nads from a mod for boring everyone!
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What is your basis for this assertion? There are certainly statutes which control contracts and prevent the abuse of power; the Unfair Contract Terms Act comes to mind. There are also case law rulings which prevent the enforcement of a "specific performance" because that is in fact slavery. The most famous specific performance ruling was
Warner Brothers v. Nelson ["Nelson" was the actress Bette Davis]. But your comment is very generalised. On what basis may the whole population of the United Kingdom, acting as a body, make a decision which is not binding on Scotland, or for that matter England and/or Wales? Does this mean that Scotland can leave because it elects an SNP or Labour majority of MPs and is then governed by a Conservative administrataion?
The terms of UK trade are set by the central government for the whole UK and Scotland elects MPs to help form that government and has more MPs than her share of the UK population should warrant, and these MPs can vote on laws which affect England and Wales when English MPs cannot vote on the same issues in Scotland because they are decided in Scotland by the Scottish Assembly. Scottish Labour MPs voted down tuition fee support for English students and, in their dual role as Scottish Assembly members, voted up tuition fee support to Scottish students, paid for by English taxpayers under the Barnett Formula. The same thing happened with free care for elderly and infirm people in care homes. Scottish MPs, the very self-same individuals in many cases, said we English couldn't have that, but would have to help pay for it in Scotland and that Scottish people could have that.
I flatly deny that Scotland has any special case or that she has been badly done to in any way whatsoever. I invite you to explain your point.