Good egg: Difference between revisions
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[[Mediocre lawyer|Those]] who cherish the feel of {{tag|flannel}} close to their skin will take comfort in expressions like “[[all or substantially all]]”; “[[in whole or in part]]”, “[[one or more]]”; “[[unless otherwise agreed]]” . These expressions betray the fear that a judge reading your prose will take a perversely literal view, and construe your words deliberately to upset you; as the {{tag|Latin}}s say, “[[contra proferentem]]”. | [[Mediocre lawyer|Those]] who cherish the feel of {{tag|flannel}} close to their skin will take comfort in expressions like “[[all or substantially all]]”; “[[in whole or in part]]”, “[[one or more]]”; “[[unless otherwise agreed]]” . These expressions betray the fear that a judge reading your prose will take a perversely literal view, and construe your words deliberately to upset you; as the {{tag|Latin}}s say, “[[contra proferentem]]”. | ||
But the law of the land is not there to frustrate | But the law of the land is not there to frustrate honest commercial intentions. A court will only do that if a contracting merchant’s intentions are base (as, to be sure, many will be if the opportunity arises: Adam Smith had some choice things to say about that). A fellow who exploits {{sex|his}} counterparty’s vulnerability or patent misapprehension can expect to find the awesome creative weight of the common law – [[estoppel]], [[constructive trust]]; [[money had and received]], ''[[assumpsit]]'' – incanted against him. | ||
If that’s your caper, don’t expect words on paper, however exquisitely turned, to help you. | If that’s your caper, don’t expect words on paper, however exquisitely turned, to help you. | ||
But | But if it ''isn’t'' – if you act in [[good faith]], [[commercially reasonable manner|reasonably]], loving your [[neighbour]] as you love yourself; doing unto others only what you would have them do to you – you have little to fear from a literal construction. The common law is your friend. | ||
The {{tag|Latin}} maxim – ''[[anus matronae parvae malas leges faciunt]]'' (“little old ladies make bad law”), even though I made it up, may be the final, deepest foundation of the law of [[equity]]. It has a converse expression, also home made and converted into {{tag|Latin}} to make it sound plausible: [[non mentula esse]]: don’t be a dick. Be clear about what you want, [[be a good egg]] and you have little to fear from her majesty’s judiciary. [[Bonum ovum esse]], you know? | |||
It is true that [[common law]] formulated in the service of [[wronged spinsters]] presents later courts who are bound by it with hefty intellectual challenges, but no self respecting judge shies away from those – they’re what {{sex|she}} took the oath for in the first place. | It is true that [[common law]] formulated in the service of [[wronged spinsters]] presents later courts who are bound by it with hefty intellectual challenges, but no self respecting judge shies away from those – they’re what {{sex|she}} took the oath for in the first place. | ||
Revision as of 12:29, 6 March 2017
On why it behoves you to be a good egg.
Those who cherish the feel of flannel close to their skin will take comfort in expressions like “all or substantially all”; “in whole or in part”, “one or more”; “unless otherwise agreed” . These expressions betray the fear that a judge reading your prose will take a perversely literal view, and construe your words deliberately to upset you; as the Latins say, “contra proferentem”.
But the law of the land is not there to frustrate honest commercial intentions. A court will only do that if a contracting merchant’s intentions are base (as, to be sure, many will be if the opportunity arises: Adam Smith had some choice things to say about that). A fellow who exploits his counterparty’s vulnerability or patent misapprehension can expect to find the awesome creative weight of the common law – estoppel, constructive trust; money had and received, assumpsit – incanted against him.
If that’s your caper, don’t expect words on paper, however exquisitely turned, to help you.
But if it isn’t – if you act in good faith, reasonably, loving your neighbour as you love yourself; doing unto others only what you would have them do to you – you have little to fear from a literal construction. The common law is your friend.
The Latin maxim – anus matronae parvae malas leges faciunt (“little old ladies make bad law”), even though I made it up, may be the final, deepest foundation of the law of equity. It has a converse expression, also home made and converted into Latin to make it sound plausible: non mentula esse: don’t be a dick. Be clear about what you want, be a good egg and you have little to fear from her majesty’s judiciary. Bonum ovum esse, you know?
It is true that common law formulated in the service of wronged spinsters presents later courts who are bound by it with hefty intellectual challenges, but no self respecting judge shies away from those – they’re what she took the oath for in the first place.
See also
Plain English Anatomy™ Noun | Verb | Adjective | Adverb | Preposition | Conjunction | Latin | Germany | Flannel | Legal triplicate | Nominalisation | Murder your darlings