Template:Contract vs document: Difference between revisions

From The Jolly Contrarian
Jump to navigation Jump to search
Created page with "===The ''contract'' versus the ''written agreement''=== The contract, ''consensus ad idem'' is an immaterial thing. It has no Res extensa|physical e..."
 
No edit summary
Line 1: Line 1:
===The ''contract'' versus the ''written agreement''===
===The ''contract'' versus the ''written agreement''===
The [[contract]], ''[[consensus ad idem]]'' is an [[Res cogitans|immaterial thing]]. It has no [[Res extensa|physical extension]]. It does not intrude on the mortal plane. Its best Earthly representative is the ''written agreement'', a memorial on parchment wherein the parties do their best to set out the boundaries of their compact. The document is not the contract; the contract is not the document — they are spirit and flesh; a Platonic ideal and its flickering shadow on the grotto wall. But if there is one some executed paper, a court will be disinclined to look beyond its “four corners” when divining the parties’ commercial intentions in signing it. This is in part convenience, in part laziness, but in part the fair assumption that since the parties were bothered to write down the important parts of their agreement, that which they ''didn’t'' write down either didn’t exist or can’t have been important. Since an issue that has made it to the attention of the [[Queen’s Bench Division]] ''must'' be important, the Court will put the benefit of the doubt not with one party or the other, but the paperwork both of them signed. Arguments as to other terms are for the birds: God might not be your witness, so the written accord will have to do.<ref>This is known to all students of the common law as the “[[parol evidence]]” rule.</ref>
The [[contract]], ''[[consensus ad idem]]'' is an [[Res cogitans|immaterial thing]]. It has no [[Res extensa|physical extension]]. It does not intrude on the mortal plane. Its best Earthly representative is the ''written agreement'', a memorial on parchment wherein the parties do their best to set out the boundaries of their compact. The document is not the contract; the contract is not the document — they are spirit and flesh; a [[Platonic ideal]] and its flickering shadow on the grotto wall.  
 
But ''if'' there is some executed paper — and for most contracts, there need not be, but let’s just say there ''is'' — a [[Lord Justice Cocklecarrot M.R.|court]] will be disinclined to look beyond its “four corners” when divining the parties’ commercial intentions in signing it. This is in part convenience, in part laziness, but in part the fair assumption that, since the parties were bothered to write down the important parts of their agreement, anything they ''didn’t'' write down either didn’t exist or can’t have been important enough to justify memorialising. In this way the [[Platonic form]] of the contract and its extension into our decaying mortal realm, become one.
 
Since an issue that has attracted the attention of the [[Queen’s Bench Division]] ''must'' be important, the Court’s doubt will benefit not one party or the other, but the paperwork both of them signed. God is not your witness, so the written accord will have to do. This rule against extraneous evidence is known to students of the law as the “[[parol evidence]]” rule.

Revision as of 14:39, 19 March 2020

The contract versus the written agreement

The contract, consensus ad idem is an immaterial thing. It has no physical extension. It does not intrude on the mortal plane. Its best Earthly representative is the written agreement, a memorial on parchment wherein the parties do their best to set out the boundaries of their compact. The document is not the contract; the contract is not the document — they are spirit and flesh; a Platonic ideal and its flickering shadow on the grotto wall.

But if there is some executed paper — and for most contracts, there need not be, but let’s just say there is — a court will be disinclined to look beyond its “four corners” when divining the parties’ commercial intentions in signing it. This is in part convenience, in part laziness, but in part the fair assumption that, since the parties were bothered to write down the important parts of their agreement, anything they didn’t write down either didn’t exist or can’t have been important enough to justify memorialising. In this way the Platonic form of the contract and its extension into our decaying mortal realm, become one.

Since an issue that has attracted the attention of the Queen’s Bench Division must be important, the Court’s doubt will benefit not one party or the other, but the paperwork both of them signed. God is not your witness, so the written accord will have to do. This rule against extraneous evidence is known to students of the law as the “parol evidence” rule.