By or on behalf of: Difference between revisions

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Legal drafting designed to disarm playground-standard rhetorical techniques.  
Legal drafting designed to disarm playground-standard rhetorical techniques.  


For if you fear your counterparty may try to make the point that, while it received the [[fruits of the contract|fruits of the agreement]] it made with you, and therefore got what it wanted, it didn’t receive them directly from you — that by carrying out your promise, at your own cost, through the offices of an [[agent]], [[employee]] or other [[fiduciary]] [[representative]] of your mortal coil, you have somehow wronged your counterparty<ref>The exception that proves the rule is the personal appearance of a celebrity</ref>, then your main concern should not be imprecision in your [[Mediocre lawyer|counsel]]’s drafting, but why on earth you’re entering legal relations with such a goose in the first place.  
For if you fear your counterparty may try to make the point that, while it received the [[fruits of the contract|fruits of the agreement]] it made with you, and therefore got what it wanted, it didn’t receive them directly from you — that by carrying out your promise, at your own cost, through the offices of an [[agent]], [[employee]] or other [[fiduciary]] [[representative]] of your mortal coil, you have somehow ''wronged'' your counterparty<ref>The exception that proves the rule is the personal appearance of a celebrity</ref>, then your main concern should not be imprecision in your [[Mediocre lawyer|counsel]]’s drafting, but why on earth you’re entering legal relations with such a goose in the first place.  


It is a principle of {{tag|equity}}, of business, of common flipping sense that one should ''[[nolli mentula esse]]''.
It is a principle of {{tag|equity}}, of business, of common flipping sense that one should ''[[nolli mentula esse]]''.


 
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Revision as of 17:50, 2 March 2021

Towards more picturesque speech™


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Legal drafting designed to disarm playground-standard rhetorical techniques.

For if you fear your counterparty may try to make the point that, while it received the fruits of the agreement it made with you, and therefore got what it wanted, it didn’t receive them directly from you — that by carrying out your promise, at your own cost, through the offices of an agent, employee or other fiduciary representative of your mortal coil, you have somehow wronged your counterparty[1], then your main concern should not be imprecision in your counsel’s drafting, but why on earth you’re entering legal relations with such a goose in the first place.

It is a principle of equity, of business, of common flipping sense that one should nolli mentula esse.

See also

References

  1. ↑ The exception that proves the rule is the personal appearance of a celebrity
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