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Valparaiso Univ. Law School

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Saturday, March 14, 2009

Contract Written in Blood is Not Enforced

This from James Levy at Legal Writing Prof Blog:

Get this - the AP reports that two friends went to a combination karaoke bar/sushi restaurant when one of them decides he wants to write an agreement promising the other that he'll pay back the $170k he owes. No pen? No problem! The first guy asks the waiter for a pin (maybe he asked for a "pen" but the waiter misunderstood?) - which for some odd reason the waiter happens to have on him - and he then "pricks" his finger so that he can write the contract in his own blood!

Maybe your experience with this kind of thing is different than mine - but whenever I stab myself with a pin, it never even draws enough blood to write my own 3 character first name, much less an entire contract.
It's the visual that I can't feature. That was either one heck of a pin-prick (in the same way that the "chainsaw scene" in Scarface was one heck of a paper-cut) or the guy was a hemophiliac. And out of curiosity, what was the waitstaff thinking while one of their patrons was gettin' medieval on his own self right there in the restaurant? Nowadays you can't even smoke inside a restaurant but when did it become OK to take a blood oath?

And all that's aside from the fact that promisor went to a lot of trouble, not to mention taking the risk of contracting hepatitis C, when in the end the California appeals court ruled the contract is unenforceable.

[Meredith R. Miller]

http://lawprofessors.typepad.com/contractsprof_blog/2009/03/contract-writte.html

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