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Response to cleanhippie (Reply #39)

Mon May 28, 2012, 01:41 PM

46. I did...


I can only type so fast. But I did answer you above on the "personal definition of kosher" thing. In order to give meaning to a contract term, a court doesn't care about your "personal definition". The contract is to be interpreted objectively. So, absent a relevant statutory definition, then we are going to get some Rabbis to duke it out in court.

But since you are not the only one who latched onto an offhand example of the general concept of "subsidiary fact determination of religious law as a precedent to resolving a contract dispute" (of which it is possible to construct legions), I thought it worth pointing out that court enforcement of arbitration results is a MUCH MUCH bigger problem, and is one of the primary reasons why the ABA looks at this stuff with alarm.

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