Scribam, ergo salvum sum: Difference between revisions
Amwelladmin (talk | contribs) Created page with "A home-made {{tag|Latin}} motto that speaks to the profound existential fear of all cautious solicitors. Something is only safe - only free from the black..." |
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The worst of it is that it isn’t even true: even if you write it down, the Leviathan waits and can eviscerate you. | The worst of it is that it isn’t even true: even if you write it down, the Leviathan waits and can eviscerate you. | ||
The written articulation of a legal agreement — the paper it is written on, in other words — is no more than evidence of that agreement: it isn’t “the agreement” itself. A [[Contract|legal agreement]] is a | The written articulation of a legal agreement — the paper it is written on, in other words — is no more than evidence of that agreement: it isn’t “the agreement” itself. A [[Contract|legal agreement]] is a [[metaphyiscs|metaphysical]] thing – an intellectual construct, unchained of any mortal, papery coil that might represent it in this world. | ||
If, carelessly, the parties have failed to correctly document the basis of actual agreement between them, but they are, nonetheless, performing it, they can be held to it, as long as you can prove what the agreement actually was. The agreement might take the form of speech, non-[[verbal]] represnetations, insinuations, and outrageous untruths your [[sales]]person has trotted out to the clent while plying him with drink. None of these things will be in the [[written contract]], though be assured if your client is a [[little old lady]] the courts will expend considerable energy in finding out that they took place and formed a vital part of the [[consensus ad idem]]. | If, carelessly, the parties have failed to correctly document the basis of actual agreement between them, but they are, nonetheless, performing it, they can be held to it, as long as you can prove what the agreement actually was. The agreement might take the form of speech, non-[[verbal]] represnetations, insinuations, and outrageous untruths your [[sales]]person has trotted out to the clent while plying him with drink. None of these things will be in the [[written contract]], though be assured if your client is a [[little old lady]] the courts will expend considerable energy in finding out that they took place and formed a vital part of the [[consensus ad idem]]. | ||
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*[[Rene Descartes]] | *[[Rene Descartes]] | ||
*[[Chicken Licken]] | *[[Chicken Licken]] | ||
{{c|Metaphysics}} | |||
Revision as of 10:14, 1 September 2017
A home-made Latin motto that speaks to the profound existential fear of all cautious solicitors. Something is only safe - only free from the black terror of the unknown that has a lair in the darkest reaches of every attorney’s heart - once it is written down.
The worst of it is that it isn’t even true: even if you write it down, the Leviathan waits and can eviscerate you.
The written articulation of a legal agreement — the paper it is written on, in other words — is no more than evidence of that agreement: it isn’t “the agreement” itself. A legal agreement is a metaphysical thing – an intellectual construct, unchained of any mortal, papery coil that might represent it in this world.
If, carelessly, the parties have failed to correctly document the basis of actual agreement between them, but they are, nonetheless, performing it, they can be held to it, as long as you can prove what the agreement actually was. The agreement might take the form of speech, non-verbal represnetations, insinuations, and outrageous untruths your salesperson has trotted out to the clent while plying him with drink. None of these things will be in the written contract, though be assured if your client is a little old lady the courts will expend considerable energy in finding out that they took place and formed a vital part of the consensus ad idem.