HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » States are incrementally ... » Reply #16
Introducing Discussionist: A new forum by the creators of DU

Response to cleanhippie (Reply #15)

Mon May 28, 2012, 12:59 PM

16. Simple

I'm a caterer. I have a Jewish wedding to cater next week. I enter into a contract with you to deliver 100 pounds of kosher beef for $800.

You show up with your truck the morning of the wedding, and you unload the beef. I see a receipt from a non-kosher butcher in your truck.

I refuse delivery of the beef, find another supplier on short notice and it costs me $!000.

I then sue you for breach of contract for $200.

You sue me for $800 for refusing delivery of the beef.

Who wins?

In order for either of us to win the suit, a court is going to have to determine whether the beef was, or was not, kosher. That's a religious question.

If you want to talk real money, then we can come up with an example involving a shariah mortgage, and example of a bequested life estate contingent on religious observance, and so on.

But kosher food is a good example since, in some states, it is the engine of many millions of dollars. Contracts depend on reliable enforcement of that condition every danged day. If you want to say that courts can't get anywhere near "religious questions", then you have a serious disruption of commerce on your hands.

Reply to this post

Back to OP Alert abuse Link to post in-thread

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 66 replies Author Time Post
no_hypocrisy May 2012 OP
jberryhill May 2012 #1
aquart May 2012 #11
KamaAina May 2012 #43
aquart May 2012 #2
treestar May 2012 #3
jberryhill May 2012 #4
Bluenorthwest May 2012 #7
jberryhill May 2012 #9
Bluenorthwest May 2012 #10
jberryhill May 2012 #13
Bluenorthwest May 2012 #35
jberryhill May 2012 #40
Bluenorthwest May 2012 #47
jberryhill May 2012 #50
Bluenorthwest May 2012 #54
MADem May 2012 #53
aquart May 2012 #17
jberryhill May 2012 #19
Bluenorthwest May 2012 #38
treestar May 2012 #22
jberryhill May 2012 #31
treestar May 2012 #52
jberryhill May 2012 #55
treestar May 2012 #59
edhopper May 2012 #5
aquart May 2012 #18
Posteritatis May 2012 #66
lunasun May 2012 #23
Rosa Luxemburg May 2012 #6
nadinbrzezinski May 2012 #8
FarCenter May 2012 #12
jberryhill May 2012 #14
cleanhippie May 2012 #15
LineLineLineLineNew Reply Simple
jberryhill May 2012 #16
FarCenter May 2012 #20
jberryhill May 2012 #24
Nikia May 2012 #60
FarCenter May 2012 #62
nadinbrzezinski May 2012 #21
jberryhill May 2012 #27
nadinbrzezinski May 2012 #49
jberryhill May 2012 #51
Nikia May 2012 #61
jberryhill May 2012 #63
treestar May 2012 #25
jberryhill May 2012 #29
FarCenter May 2012 #37
jberryhill May 2012 #42
cleanhippie May 2012 #28
jberryhill May 2012 #30
cleanhippie May 2012 #33
jberryhill May 2012 #44
cleanhippie May 2012 #57
jberryhill May 2012 #58
jberryhill May 2012 #36
cleanhippie May 2012 #39
jberryhill May 2012 #46
WriteWrong May 2012 #64
jberryhill May 2012 #65
cali May 2012 #26
no_hypocrisy May 2012 #32
cali May 2012 #41
obamanut2012 May 2012 #34
libodem May 2012 #45
mythology May 2012 #48
Initech May 2012 #56
Please login to view edit histories.