We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
THE NATURE OF TABOO CONTRACTS: A LEGAL ANALYSIS OF BDSM CONTRACTS AND SPECIFIC PERFORMANCE.
- Authors
White, Andrea E.
- Abstract
BDSM relationships have only recently become widely known in American culture despite their clear existence throughout history. The film and novel series Fifty Shades of Grey has further introduced BDSM contracts, which are used in many BDSM relationships. BDSM contracts should be declared as improperly formed and unenforceable. The tenets of contract law formation suggest that these contracts may not be properly formed based on the intent not to be bound or a lack of consideration in the context of meretricious relationships. Even if BDSM contracts are properly formed, they should be unenforceable based on relatable public policy matters such as pornography and other obscene materials, human trafficking, forced labor, sexual assault, the sale of human organs, consent to bodily injury, and the intentional, reckless, or negligent commission of a tort because these matters are highly regulated or prohibited altogether. Specific performance should not be a remedy to BDSM contracts in order to protect the existence of consent.
- Subjects
CONTRACTS; SEXUAL dominance &; submission; 50 Shades of Grey (Book : James); HUMAN trafficking; PERFORMANCE evaluation
- Publication
UMKC Law Review, 2016, Vol 84, Issue 4, p1163
- ISSN
0047-7575
- Publication type
Article