Nor anyone acting on its behalf: Difference between revisions
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That fabulous {{t|Latin}} construction [[nemo dat quod non habet]] ought, but does not, nix that tedious drafting construction: “neither X, ''[[nor anyone acting on its behalf]]'', may do Y”. | That fabulous {{t|Latin}} construction [[nemo dat quod non habet]] ought, but does not, nix that tedious drafting construction: “neither X, ''[[nor anyone acting on its behalf]]'', may do Y”. | ||
For if, by the lights of the law, a [[principal]] has no right to do a thing, it follows as a matter of ineffable Latin logic that neither may her ox, ass, servant, agent, attorney, nominee, delegate or other mortal representative do that thing | For if, by the lights of the law, a [[principal]] has no right to do a thing, it follows as a matter of ineffable Latin logic that neither may her ox, ass, servant, agent, attorney, nominee, delegate or other mortal representative do that thing on her behalf: one cannot give what one does not have. | ||
Now if such a representative independently happens to be entitled to do that thing, it is a different story, but still this ghastly confection won’t save you: such a representative would not thereby be acting under the contract at hand, nor really on the principal's behalf and thus wouldn't really ''be'' a representative, so this purported contractual stricture will fall upon stony ground. | |||
So, be bold, young attorney: banish it from your lexical armoury. | So, be bold, young attorney: banish it from your lexical armoury. | ||
{{plainenglish}} | {{plainenglish}} | ||
Revision as of 11:02, 10 January 2018
See also delegation.
That fabulous Latin construction nemo dat quod non habet ought, but does not, nix that tedious drafting construction: “neither X, nor anyone acting on its behalf, may do Y”.
For if, by the lights of the law, a principal has no right to do a thing, it follows as a matter of ineffable Latin logic that neither may her ox, ass, servant, agent, attorney, nominee, delegate or other mortal representative do that thing on her behalf: one cannot give what one does not have.
Now if such a representative independently happens to be entitled to do that thing, it is a different story, but still this ghastly confection won’t save you: such a representative would not thereby be acting under the contract at hand, nor really on the principal's behalf and thus wouldn't really be a representative, so this purported contractual stricture will fall upon stony ground.
So, be bold, young attorney: banish it from your lexical armoury.
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