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 the same mechanism, vary it, so such a statement can do no more than state the weft and warp of commerce — that is to say the bleeding obvious — but all too often it flows from the biro of one who, by her very qualification, is deemed to know better.

See also

• The parties hereby agree... and, worse still:
• The parties hereby acknowledge...

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