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After King Triton destroys Princess Ariel’s collection of human artifacts, Ursula’s agents (Flotsam and Jetsam) convince Ariel to seek out the sea witch. Ariel’s two best friends, Sebastian and Flounder, accompany her. Ursula offers to transform Ariel into a human in exchange for possession of Ariel’s unique voice. Additionally, if Ariel cannot garner a “kiss of true love” from Prince Eric within three days, Ursula will own Ariel ever after. Although Sebastian attempts to warn Ariel against signing the contract, Flotsam and Jetsam silence Sebastian and Flounder.
Ariel signs Ursula’s document with the terms of their agreement. Ursula gathers Ariel’s voice into a seashell and transforms Ariel into a human. Ariel quickly enfolds herself into human life at Eric’s palace.
After a romantic day of pantomiming and listening to singing animals, Eric nearly kisses Ariel, but Flotsam and Jetsam overturn Eric’s rowboat before the couple’s lips touch. Ursula reacts by utilizing Ariel’s voice to persuade Eric to marry Ursula instead. Ariel’s friends discover the subterfuge and disrupt Ursula and Eric’s wedding, but not before the third sunset.
King Triton, father of Ariel, offers to take Ariel’s place as Ursula’s possession for all eternity. Ursula agrees and transforms him into a piece of animate seaweed. Supposing the characters had taken their claims to court (instead of resolving them via an aquatic battle), what might have happened? Ultimately, if United States laws applied, Ariel could claim a variety of defenses.
The Facts
1 Restatement (Second) of Contracts § 178 (1981).
Illegal Activity
The state will not enforce contracts against public policy, i.e. illegal activities or services.1 In this case, Ariel essentially contracted into slavery— if she did not receive the kiss of true love, she would belong to Ursula forever as a possession. As slavery is illegal throughout the United States, that portion of the contract would be unenforcable.
Image: "Dandelion Siphonophore" by NOAA Ocean Explorer, available on Flicker
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