On Thu, 27 Sep 2001 16:51:01, Dale Mentzer wrote: > I agree, that this license aggreement really sucks. I was only making > the point that contractual aggreements entered into voluntarily and > knowingly can abridge the the rights of either party. I guess to be > more accurate the partys SURRENDER their right(s) in a limited > cirucmstance.
> Regards, > Dale Mentzer However, contractual agreements entered into voluntarily among the concerned parties will not be enforced in any part that abridges Constitutional rights. A few decades ago there were restrictive covenants in many housing subdivisions which prohibited the homeowner from selling his house to a person who was not of the Caucasian race. In order to buy a home in such a neighborhood the buyers had to sign a contract in which they affirmed that they would abide by all the covenants stipulated therein, etc. These kinds of clauses in restrictive covenants for housing subdivisions have since been declared unconstitutional by the Supreme Court. The homeowner now has the right to violate those parts of the agreements dealing with racial qualifications for prospective buyers. In the US any person of any race can now buy a home in any neighborhood he wants as long as the buyer agrees to meet the seller's advertised asking price and as long as the buyer can come up with the money. If the prospective buyer can meet the financial requirements the seller *must* sell, otherwise he can be successfully sued for racial discrimination. The court will not even hear an argument by the seller based on the terms of an agreement which he entered into voluntarily with others whereby he affirmed that he would not sell his home to any person not of the Caucasian race. The judge would simply tell the seller that such agreements are no longer valid nor legally binding. So, the moral of this story is that if an agreement really sucks, and if it sucks so bad that it even abridges Constitutional rights, then you are obligated to violate the agreement, even if you had entered into the agreement voluntarily. Sam Heywood -- This mail was written by user of The Arachne Browser - http://arachne.cz/
