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by MichaelGG 4462 days ago
You're basically arguing that any contract between power-imbalanced parties needs to be written into law.
3 comments

That's generally the case, yes. As one example technologists seem to like: California invalidates noncompete clauses at the level of state law, not through requiring every engineer to individually attempt to negotiate the noncompete clause out of their contract.
Contracts between power-imbalanced parties tend to be worthless. Any time one side can afford a legal fight and the other side cannot, you're really depending more on the integrity of the more powerful party than anything else.
That's the reductio ad absurdum claim that all too many HN posters would read of it. I am saying that when the gulf is wide enough that you can trivially withstand the other party's ability to seek redress (or, in the reverse, engage in barratry to force compliance regardless of the reality of the situation), they have no ability to seek redress and it is in that case that there is a valid reason for governmental action.