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[[Mediocre lawyer|Those]] who cherish the feel of {{tag|flannel}} close to their skin will take comfort in expressions like “[[all or substantially all]]”; “[[in whole or in part]]”, “[[one or more]]”; “[[unless otherwise agreed]]” . These expressions betray the fear that a judge reading your prose will take a perversely literal view, and construe your words deliberately to upset you; as the {{tag|Latin}}s say, “[[contra proferentem]]”. | [[Mediocre lawyer|Those]] who cherish the feel of {{tag|flannel}} close to their skin will take comfort in expressions like “[[all or substantially all]]”; “[[in whole or in part]]”, “[[one or more]]”; “[[unless otherwise agreed]]” . These expressions betray the fear that a judge reading your prose will take a perversely literal view, and construe your words deliberately to upset you; as the {{tag|Latin}}s say, “[[contra proferentem]]”. | ||
But the law of the land is not there to frustrate honest commercial intentions. A court will only do that if a contracting merchant’s intentions are base (as, to be sure, many will be if the opportunity arises: Adam Smith had some choice things to say about that). A fellow who exploits {{sex|his}} counterparty’s vulnerability or patent misapprehension can expect to find the awesome creative weight of the common law – [[estoppel]], [[constructive trust]]; [[money had and received]], ''[[assumpsit]]'' – incanted against him. | But the law of the land is not there to frustrate honest commercial intentions. A court will only do that if a contracting merchant’s intentions are base (as, to be sure, many will be if the opportunity arises: Adam Smith had some choice things to say about that). A fellow who exploits {{sex|his}} counterparty’s vulnerability or patent misapprehension can expect to find the awesome creative weight of the common law – [[estoppel]], [[constructive trust]]; [[money had and received]], ''[[assumpsit]]'' – incanted against him. Expect him to have a fully weaponised [[litigation department]]. | ||
If that’s your caper, don’t expect words on paper, however exquisitely turned, to help you. | If that’s your caper, don’t expect words on paper, however exquisitely turned, to help you. | ||