Covenant to execute: Difference between revisions

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Spotted in the wild: “Each party must take a steps, execute all documents and do everything reasonably required on its part to give full effect to this agreement and must pay its own expenses incurred in performing its obligations under this agreement.”
{{a|negotiation|}}Contractual [[representations]] as to one’s own [[capacity and authority]] to ''perform'' a contract are one thing, but a [[covenant]] to ''[[execution|execute]]'' the confounded thing is a whole new level of ninja circularity. Yet, here we find ourselves confronting this paragraph, we presume from the pen of one who holds some kind of legal qualification:
:“Each party must take a steps, execute all documents and do everything reasonably required on its part to give full effect to this agreement....”


:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''' ''(for it is he)'': If it pleases your honour, the agreement says the defendant has to sign it. But she hasn’t.
Which just begs, doesn't it, for projection into the dusty volumes of the {{jclr}}.
:'''Lord Justice [[Cocklecarrot M.R.]]''': Hasn’t what?
 
:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''': Signed it.
{{court scene|III|ii|sits, wistfully staring at a wooden panel above the gallery, wishing it were a window|stands up to address the bench, audibly passing wind as he does so. {{cocklecarrot}} raises an eyebrow}}
:'''Lord Justice [[Cocklecarrot M.R.]]''': Signed what?
 
:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''': The agreement, M’Lud.
:'''{{jerrold}}''' ''(for it is he)'': If it pleases your honour, the agreement says the defendant has to sign it. But she hasn’t.
:'''Lord Justice [[Cocklecarrot M.R.]]''': What agreement?  
:'''{{cocklecarrot}}''': Hasn’t what?
:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''' (''frustrated''): The one you are reading, if it, ahh, pleases your honour.   
:'''{{jbm}}''': Signed it.
:'''Lord Justice [[Cocklecarrot M.R.]]''' ''(waving a piece of paper)'': Oh! ''This'' document?  
:'''{{cmr}}''': Signed what?
:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''': Why, yes sir! That exact one!
:'''{{jbm}}''': The agreement, M’Lud.
:'''Lord Justice [[Cocklecarrot M.R.]]''': The very document we are speaking of, that the defendant hasn’t signed?
:'''{{cmr}}''': What agreement?  
:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''': Yes!
:'''{{jbm}}''' (''frustrated''): The one you are reading, if it, ahh, pleases your honour.   
:'''Lord Justice [[Cocklecarrot M.R.]]''': Do you, ahh — do you see the problem, Sir Jerrold?
:'''{{cmr}}''' ''(waving a piece of paper)'': Oh! ''This'' document?  
:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''': Permission for the ground to swallow me and my wretched client up, M’Lud
:'''{{jbm}}''': Why, yes sir! That exact one!
:'''Lord Justice [[Cocklecarrot M.R.]]''': Granted, Sir Jerrold. Granted. Shall we say that is lunch?
:'''{{cmr}}''': The very document we are speaking of, that the defendant hasn’t signed?
:'''{{jbm}}''': Yes!
:'''{{cmr}}''': Do you, ahh — do you see the problem, Sir Jerrold?
:''There is an awkward silence''.
:'''{{cmr}}''': Sir Jerrold?
:'''{{jbm}}''': Permission for the ground to swallow me and my wretched client up, M’Lud.
:'''{{cmr}}''': Granted, Sir Jerrold. Granted. Shall we say that is lunch?
 
''The court is adjourned.''


{{sa}}
{{sa}}
*[[Sir Jerrold Baxter-Morley, Q.C.]]
*{{jerrold}}
*Lord Justice [[Cocklecarrot M.R.]]
*{{cocklecarrot}}

Latest revision as of 19:09, 19 December 2020

Negotiation Anatomy™

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Contractual representations as to one’s own capacity and authority to perform a contract are one thing, but a covenant to execute the confounded thing is a whole new level of ninja circularity. Yet, here we find ourselves confronting this paragraph, we presume from the pen of one who holds some kind of legal qualification:

“Each party must take a steps, execute all documents and do everything reasonably required on its part to give full effect to this agreement....”

Which just begs, doesn't it, for projection into the dusty volumes of the Jolly Contrarian’s Law Reports.

Act III, Scene ii

A courtroom in the King’s Bench Division. Lord Justice Cocklecarrot M.R. sits, wistfully staring at a wooden panel above the gallery, wishing it were a window. Sir Jerrold Baxter-Morley, K.C. stands up to address the bench, audibly passing wind as he does so. Lord Justice Cocklecarrot M.R. raises an eyebrow.

Sir Jerrold Baxter-Morley, K.C. (for it is he): If it pleases your honour, the agreement says the defendant has to sign it. But she hasn’t.
Lord Justice Cocklecarrot M.R.: Hasn’t what?
Sir Jerrold: Signed it.
Cocklecarrot L.J.: Signed what?
Sir Jerrold: The agreement, M’Lud.
Cocklecarrot L.J.: What agreement?
Sir Jerrold (frustrated): The one you are reading, if it, ahh, pleases your honour.
Cocklecarrot L.J. (waving a piece of paper): Oh! This document?
Sir Jerrold: Why, yes sir! That exact one!
Cocklecarrot L.J.: The very document we are speaking of, that the defendant hasn’t signed?
Sir Jerrold: Yes!
Cocklecarrot L.J.: Do you, ahh — do you see the problem, Sir Jerrold?
There is an awkward silence.
Cocklecarrot L.J.: Sir Jerrold?
Sir Jerrold: Permission for the ground to swallow me and my wretched client up, M’Lud.
Cocklecarrot L.J.: Granted, Sir Jerrold. Granted. Shall we say that is lunch?

The court is adjourned.

See also

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