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Join the conversation! There are now 5 comments on “Strict Liability pg 34
  1. WJS says

    In reality, while nothing literally stopped a lord from defaulting on a contract or loan, it would ruin his reputation, and nobody would want to deal with him in the future. The system was self regulating, and was actually better than the modern corporate world, which is barely held in check by even the most powerful governments.

    • With the exception of student loans. Nothing stops individuals, corporations, or sovereign nations from defaulting on a loan except the accompanying penalty to their credit rating, which means higher interest rates in the future the next time they take out a loan and the same loss of reputation.

      • Of course, part of that is made possible only by modern communication.

        What the existance of enforced contract law does, is it essentially makes the State the undersigner to the agreement. And since people tend to trust the State to enforce the law and contracts, as well as having the resources to ensure compliance, that makes it *much* easier for people to get such contracts. That then led to the development of capitalism as a practical economic system.

      • If an individual or corporation defaults on a loan, doesn’t the state generally try to take away most of that individual/corporation’s material assets to pay for it before letting them off? Bankruptcy is a pretty good deal when you *can’t* pay your debt, but I don’t think it generally lets you simply keep the money for yourself when you *could* pay it off.

        • If your creditors actually take you to court then yes. However, some loans are small enough that creditors would rather write them off as a loss than pay the legal fees to sue for collection. In that case, all you as a delinquent debtor have to worry about is the reduction in your credit rating.

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