Headings: Difference between revisions

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If you are anything like the [[JC]], the [[headings]] are the only part of the contract you ''do'', with any regularity, read. They orient; they provide a superstructure; they provide ''context'' in a world so crushingly bereft of it. So why exclude them from your semantic consideration? We are at a loss. At best to do so provides a cover to pernicious arguments a miscreant might raise at a later stage to justify enforcing, or resisting, a contractual provision the ''context'' indicated was meant for another purpose altogether.
If you are anything like the [[JC]], the [[headings]] are the only part of the contract you ''do'', with any regularity, read. They orient; they provide a superstructure; they provide ''context'' in a world so crushingly bereft of it. So why exclude them from your semantic consideration? We are at a loss. At best to do so provides a cover to pernicious arguments a miscreant might raise at a later stage to justify enforcing, or resisting, a contractual provision the ''context'' indicated was meant for another purpose altogether.
{{sa}}
*{{isdaprov|Headings}} in the ISDA
*[[Inrterpretation]] and [[construction]]

Revision as of 11:41, 27 October 2020

The basic principles of contract

Sample:
“Headings are for ease of reference only and shall be ignored in construing this Agreement”

Formation: capacity and authority · representation · misrepresentation · offer · acceptance · consideration · intention to create legal relations · agreement to agree · privity of contract oral vs written contract · principal · agent

Interpretation and change: governing law · mistake · implied term · amendment · assignment · novation
Performance: force majeure · promise · waiver · warranty · covenant · sovereign immunity · illegality · severability · good faith · commercially reasonable manner · commercial imperative · indemnity · guarantee
Breach: breach · repudiation · causation · remoteness of damage · direct loss · consequential loss · foreseeability · damages · contractual negligence · process agent
Remedies: damages · adequacy of damages ·equitable remedies · injunction · specific performance · limited recourse · rescission · estoppel · concurrent liability
Not contracts: Restitution — quasi-contract — quasi-agency

Index: Click ᐅ to expand:
Contract
Tort
Restitution

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What is it that the legal eagle so distrusts about headings?

If you are anything like the JC, the headings are the only part of the contract you do, with any regularity, read. They orient; they provide a superstructure; they provide context in a world so crushingly bereft of it. So why exclude them from your semantic consideration? We are at a loss. At best to do so provides a cover to pernicious arguments a miscreant might raise at a later stage to justify enforcing, or resisting, a contractual provision the context indicated was meant for another purpose altogether.


See also

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