Template:Process agent capsule: Difference between revisions

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===The agent doesn’t have to agree to it, or pass any papers on===
===The agent doesn’t have to agree to it, or pass any papers on===
Now here’s an interesting thing. Having contractually agreed your “method or place” for service, as long as the [[plaintiff]] can prove it complied with it,<ref>It will do this by having its [[process server]] swear an [[affidavit of service]].</ref> the court will not enquire whether the claim, duly served, ever found its way to the actual defendant. The view being the defendant assumed the risk of its process agent being competent enough to forward on the correspondence, in the same way a local defendant assumes the risk of its receptionist neglecting to pass the package to its [[legal eagles]]. So the painful strictures in process agent boilerplate dealing with replacement or succession of agents are not entirely necessary. If the contract provides it may be served by impaling it on Boadicea’s sword on the Victoria Embankment, then that is what you must do, and no more. <br>
Now here’s an interesting thing. Having contractually agreed your “method or place” for service, as long as the [[plaintiff]] can prove it complied with it,<ref>It will do this by having its [[process server]] swear an [[affidavit of service]].</ref> the court will not enquire whether the claim, duly served, ever found its way to the actual defendant. The view being the defendant assumed the risk of its process agent being competent enough to forward on the correspondence, in the same way a local defendant assumes the risk of its receptionist neglecting to pass the package to its [[legal eagles]]. So the painful strictures in process agent [[boilerplate]] dealing with replacement or succession of agents are not entirely necessary. If the [[contract]] provides it may be served by impaling it on Boadicea’s sword on the Victoria Embankment, then that is what you must do, and no more. <br>