Unless otherwise agreed

A counterfactual that should, but all too often does not, go without saying. Such profligacy in the chambers of parsimonious advocacy must come as a surprise — seeing as the founding principle of a contract is whomsoever the law has joined together in contract can, by consent unmake or vary their bargain — so such a statement can do no more than restate the unalterable weft and warp of commerce, but you see it all too often, where you’d least expect it, flowing from the biro of one who, by training, is qualified to know better.

Any self-respecting solicitor should shudder at the thought of displaying such ignorance in a contract she has drafted. All too often, she doesn't.

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