Yes there can. You are underestimating what an arbiter or other business can do. You are assuming that they are going to limit themselves to contracts and NAP... they are not, they will only be limited by the demands of the market.
I don't need to have a contract with you to claim you are causing global warming anymore than to claim you stole my TV. I tell my "Global-Warming Defense Corp" (supported monetarily by 70% of the population) that you are expelling too much CO2. They come to your house and say "You are expelling too much CO2 because my clients say you are" "Pay us $10,000 or we will imprison you and take everything you own". You say, "I am not, prove it." You get placed before an arbiter who is trying to please his market and are concluded guilty just like 70% of the other cases brought up with regards to global warming. Why? Not because there is irrefutable evidence of breaking a contract or NAP but because that is what the majority of the market wants. They get paid to put people like you out of business. Since 70% of the market supports them you are unlikely to counter it. You may get lucky and go to a good arbiter but you only have a 30% chance of that.
With a social contract the politicians at first adhere to it and then as the public shifts, the politicians partly adhere and then only pretend to adhere. In a market, there is no standard to adhere or pretend to adhere to except the market.
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