Covenant to execute: Difference between revisions

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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.”
{{a|negotiation|}}Contractual [[representations]] as to one’s own [[capacity and authority]] to ''perform'' a contract are one thing, but a [[covenant]] to ''[[execution|execute]]'' the confounded thing is a whole new level of ninja circularity. Yet, here we find ourselves confronting this paragraph, we presume from the pen of one who holds some kind of legal qualification:
:“Each party must take a steps, execute all documents and do everything reasonably required on its part to give full effect to this agreement....”


:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''' ''(for it is he)'': If it pleases your honour, the agreement says the defendant has to sign it. But she hasn’t.
Which just begs, doesn't it, for projection into the dusty volumes of the {{jclr}}.
:'''Lord Justice [[Cocklecarrot M.R.]]''': Hasn’t what?
 
:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''': Signed it.
{{court scene|III|ii|sits, wistfully staring at a wooden panel above the gallery, wishing it were a window|stands up to address the bench, audibly passing wind as he does so. {{cocklecarrot}} raises an eyebrow}}
:'''Lord Justice [[Cocklecarrot M.R.]]''': Signed what?
 
:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''': The agreement, M’Lud.
:'''{{jerrold}}''' ''(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.]]''': What agreement?  
:'''{{cocklecarrot}}''': Hasn’t what?
:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''' (''frustrated''): The one you are reading, if it, ahh, pleases your honour.   
:'''{{jbm}}''': Signed it.
:'''Lord Justice [[Cocklecarrot M.R.]]''' ''(waving a piece of paper)'': Oh! ''This'' document?  
:'''{{cmr}}''': Signed what?
:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''': Why, yes sir! That exact one!
:'''{{jbm}}''': The agreement, M’Lud.
:'''Lord Justice [[Cocklecarrot M.R.]]''': The very document we are speaking of, that the defendant hasn’t signed?
:'''{{cmr}}''': What agreement?  
:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''': Yes!
:'''{{jbm}}''' (''frustrated''): The one you are reading, if it, ahh, pleases your honour.   
:'''Lord Justice [[Cocklecarrot M.R.]]''': Do you, ahh — do you see the problem, Sir Jerrold?
:'''{{cmr}}''' ''(waving a piece of paper)'': Oh! ''This'' document?  
:'''[[Sir Jerrold Baxter-Morley, Q.C.]]''': Permission for the ground to swallow me and my wretched client up, M’Lud
:'''{{jbm}}''': Why, yes sir! That exact one!
:'''Lord Justice [[Cocklecarrot M.R.]]''': Granted, Sir Jerrold. Granted. Shall we say that is lunch?
:'''{{cmr}}''': The very document we are speaking of, that the defendant hasn’t signed?
:'''{{jbm}}''': Yes!
:'''{{cmr}}''': Do you, ahh — do you see the problem, Sir Jerrold?
:''There is an awkward silence''.
:'''{{cmr}}''': Sir Jerrold?
:'''{{jbm}}''': Permission for the ground to swallow me and my wretched client up, M’Lud.
:'''{{cmr}}''': Granted, Sir Jerrold. Granted. Shall we say that is lunch?
 
''The court is adjourned.''


{{sa}}
{{sa}}
*[[Sir Jerrold Baxter-Morley, Q.C.]]
*{{jerrold}}
*Lord Justice [[Cocklecarrot M.R.]]
*{{cocklecarrot}}