Comment by wjnc
3 years ago
Yeah I was trying to make an argument the target audience might find persuasive. Inheritance is a nice concept when reasoning about (continental) contracts since a contract is only a contract if and only if it abides by contract law. That's a strict inheritance there. In truth, it's a bit more flexible: a contract could still be a contract if there are illegal provisions in the contract since at first only the illegal provisions will be scrapped by a judge.
> a contract is only a contract if and only if it abides by contract law
That's true, but I don't quite see how that makes a contract the law. Someone who doesn't turn up to work isn't doing something illegal by dint of breaking their employment contract. IME, 'illegal' generally refers to breaking the criminal law, whereas I wouldn't say this even breaks civil law, sensu stricto. https://malesculaw.com/is-breach-of-contract-a-tort/
Also, there's some casual discussion by lawyers of this exact terminological question here: https://www.quora.com/How-should-a-breach-of-contract-be-qua...