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 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 flowing from the biro of one who, by her very qualification, necessarily knows 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.