[TZubiri]

Oh interesting.

I'm not sure if you question whether the first sale or the latter resale might not be contracts.

But in either case, I believe both them to be. It's similar to a sale of a stolen good with an unaware purchaser.

It's a contract on two counts. First, the contract is not void, the subject is not illegal in itself, the seller would just fail to fulfill their end.

Second even if a contract would potentially be voidable, I would argue it is a contract until a judgment voids it, this is a bit subjective, ontological and inconsequential for cases where the judgment would be certain like a contract for stealing, but the more borderline the case is, the more relevant it is, a contract about a complex legal issue that might be or might not be voided with p=0.5 is still a contract to me. Of similar value to a contract about a good of stochastic value, like an option, or an asset that may have been stolen with p 0.5