Covenant to execute
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Negotiation Anatomy™
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Spotted in the wild:
- “Each party must take a steps, execute all documents and do everything reasonably required on its part to give full effect to this agreement and must pay its own expenses incurred in performing its obligations under this agreement.”
Act III, Scene ii
A courtroom in the King’s Bench Division. Lord Justice Cocklecarrot M.R. sits, wistfully staring at a wooden panel above the gallery, wishing it were a window. Sir Jerrold Baxter-Morley, K.C. stands up to address the bench, audibly passing wind as he does so. Lord Justice Cocklecarrot M.R. raises an eyebrow.
- Sir Jerrold Baxter-Morley, K.C. (for it is he): If it pleases your honour, the agreement says the defendant has to sign it. But she hasn’t.
- Lord Justice Cocklecarrot M.R.: Hasn’t what?
- Sir Jerrold Baxter-Morley, K.C.: Signed it.
- Lord Justice Cocklecarrot M.R.: Signed what?
- Sir Jerrold Baxter-Morley, K.C.: The agreement, M’Lud.
- Lord Justice Cocklecarrot M.R.: What agreement?
- Sir Jerrold Baxter-Morley, K.C. (frustrated): The one you are reading, if it, ahh, pleases your honour.
- Lord Justice Cocklecarrot M.R. (waving a piece of paper): Oh! This document?
- Sir Jerrold Baxter-Morley, K.C.: Why, yes sir! That exact one!
- Lord Justice Cocklecarrot M.R.: The very document we are speaking of, that the defendant hasn’t signed?
- Sir Jerrold Baxter-Morley, K.C.: Yes!
- Lord Justice Cocklecarrot M.R.: Do you, ahh — do you see the problem, Sir Jerrold?
- Sir Jerrold Baxter-Morley, K.C.: Permission for the ground to swallow me and my wretched client up, M’Lud
- Lord Justice Cocklecarrot M.R.: Granted, Sir Jerrold. Granted. Shall we say that is lunch?