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To disclaim is definitively to say, for the eternal record, what you are ''not'' saying. | To disclaim is definitively to say, for the eternal record, what you are ''not'' saying. | ||
===Nosferatu, or the Unsaid=== | ===[[Nosferatu]], or the Unsaid=== | ||
Lawyers have a primal fear of the unsaid. They see it as not a dark, formless void but an uncharted black ocean stretching to a distant horizon, teeming with whirlpools, leviathans, madmen and [[little old ladies]]; a brain-addling cosmos of unfathomable dimension: brimming with implied covenants, [[constructive knowledge]], unarticulated [[warranty|warranties]], unspoken [[waiver]]s, ineffable [[course of prior dealing|courses of prior dealing]], [[deemed]] [[joint venture|joint ventures]], [[fiduciary duty|fiduciary duties]]; shot through with open-ended [[equitable indemnities]]<ref>NB: I made this up for satirical purposes, but as ever, fact is stranger that fiction. [http://vondranlegal.com/what-is-definition-of-equitable-idemnity/ Californian law recognises an equitable indemnity].</ref> for any kind of stupidity in which your counterparty might, while carrying out its end of your bargain, indulge. | Lawyers have a primal fear of the unsaid. They see it as not a dark, formless void but an uncharted black ocean stretching to a distant horizon, teeming with whirlpools, leviathans, madmen and [[little old ladies]]; a brain-addling cosmos of unfathomable dimension: brimming with implied covenants, [[constructive knowledge]], unarticulated [[warranty|warranties]], unspoken [[waiver]]s, ineffable [[course of prior dealing|courses of prior dealing]], [[deemed]] [[joint venture|joint ventures]], [[fiduciary duty|fiduciary duties]]; shot through with open-ended [[equitable indemnities]]<ref>NB: I made this up for satirical purposes, but as ever, fact is stranger that fiction. [http://vondranlegal.com/what-is-definition-of-equitable-idemnity/ Californian law recognises an equitable indemnity].</ref> for any kind of stupidity in which your counterparty might, while carrying out its end of your bargain, indulge. | ||