All contracts are fiction. Even if the telepathy issue could be solved. They are photographs of mental states which are not lasting. They are as valid as showing an alcohol test you made one year ago to argue you are not driving drunk today.

Why is it that when X and Y contract and then X backs off, then if the contract involved sex, Y is guilty of rape, when in every other case X is guilty of fraud? If people can base a rape accusation on regretted sex, then surely Ponzi schemes are just people regretting to have promised to put up too: money rather than sex, but put up still.