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{{boileranat|Counterparts| | {{boileranat|Counterparts| | ||
[[File:Twins shining.jpg|450px|thumb|center|You sign first. No, you.]] | [[File:Twins shining.jpg|450px|thumb|center|You sign first. No, you.]] | ||
}}The remainder of the [[contract]] might be an absolute shower of confusions, contradictions, misconceptions, failures of [[consideration]], unenforceable half-promises, paralytic [[indemnities]], absurd [[disclaimer]]s of [[liabilty]] and outrageous derogations from the perfectly sensible allocations of risk vouchsafed by the [[common law]] of [[contract]], but be assured the there ''will'' be a [[counterparts]] clause<ref>And a [[Contracts (Rights of Third Parties) Act 1999]] clause too,</ref> and it ''will'' be bullet-proof. | }} | ||
===TL;DR: Do I need a counterparts clause?=== | |||
You can answer the question “do I need a counterparts clause?” — and therefore map the very logical utility of the idea, like so: | |||
:'''QUESTION''': Is the {{t|contract}} before me a [[deed]] of lease? | |||
::''Yes'': You don’t need a counterparts clause, and it won’t work if you’ve got one: You all have to sign the same document. | |||
::''No'': You don’t need a counterparts clause. You can safely sign, in as many [[counterparts]] as you like, without one. | |||
:'''CONCLUSION''': You don’t need a counterparts clause. All counterparts clauses are a waste of space. | |||
YET HERE WE ARE, READERS. | |||
===If there’s one thing...=== | |||
The remainder of the [[contract]] might be an absolute shower of confusions, contradictions, misconceptions, failures of [[consideration]], unenforceable half-promises, paralytic [[indemnities]], absurd [[disclaimer]]s of [[liabilty]] and outrageous derogations from the perfectly sensible allocations of risk vouchsafed by the [[common law]] of [[contract]], but be assured the there ''will'' be a [[counterparts]] clause<ref>And a [[Contracts (Rights of Third Parties) Act 1999]] clause too,</ref> and it ''will'' be bullet-proof. | |||
{{counterparts capsule}} | {{counterparts capsule}} | ||
[[Legal eagle|Cautious counsel]] may nonetheless insist on one, | [[Legal eagle|Cautious counsel]] may nonetheless insist on one, on pain of having everyone get around the same table to mark the same parchment with a feather quill. | ||
Unless you are executing a [[deed]] ''of lease'', THIS IS NONSENSE. ''Normal'' contracts — even vaguely spicy ones, like [[deed]]s<ref>See [http://www.osborneclarke.com/insights/signed-sealed-delivered-execution-of-deeds-and-documents-and-how-it-might-go-wrong/ Osborne Clarke] as authority for this.</ref> — ''do not require a counterparts clause''. How so? Well, think back to your first {{tag|contract}} law lecture: | Unless you are executing a [[deed]] ''of lease'', THIS IS NONSENSE. ''Normal'' contracts — even vaguely spicy ones, like [[deed]]s<ref>See [http://www.osborneclarke.com/insights/signed-sealed-delivered-execution-of-deeds-and-documents-and-how-it-might-go-wrong/ Osborne Clarke] as authority for this.</ref> — ''do not require a counterparts clause''. How so? Well, think back to your first {{tag|contract}} law lecture: | ||
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Note, also, that where formal execution requirements ''do'' require every hand to besmirch the same physical parchment, a [[counterparts]] clause won’t save you. This is [[Magic incantation|deep magic]], and no beginner’s spell will shoo it away. | Note, also, that where formal execution requirements ''do'' require every hand to besmirch the same physical parchment, a [[counterparts]] clause won’t save you. This is [[Magic incantation|deep magic]], and no beginner’s spell will shoo it away. | ||
===Odd spot=== | ===Odd spot=== | ||
''The'' Counterparts is a Canadian hardcore punk band from Hamilton, Ontario. True. We think they had trouble getting the guys together in the same room in the early days for rehearsals.{{hawf}} | ''The'' Counterparts is a Canadian hardcore punk band from Hamilton, Ontario. True. We think they had trouble getting the guys together in the same room in the early days for rehearsals.{{hawf}} | ||