Terry’s law

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A vital part of pragmatic jurisprudence, neatly captured by the Latin maxim.

quod oculo non videt coquus non est culpandum

Covenants, representations or warranties in two flavours:

  • Those by which you expect counterparties to promptly advise you of their breach of contract to you
  • Those the breach of which you cannot realistically expect to ever find out about, unless the counterparty owns up to them.

There is a dark inversion of this in the performance appraisal: What the Man don’t see, you don’t get no credit for. Hence, SMART goals, that bane of modern existence.

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