82,927
edits
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
Line 1: | Line 1: | ||
{{a|contract|{{subtable|'''Sample''':<br>“Headings are for ease of reference only and shall be ignored in construing this Agreement”}}}}What is it that the [[legal eagle]] so distrusts about headings? | {{a|contract|{{subtable|'''Sample''':<br>“Headings are for ease of reference only and shall be ignored in construing this Agreement”}}}}What is it that the [[legal eagle]] so distrusts about headings? | ||
If you are anything like the [[JC]], the [[headings]] are the only part of the contract you ''do'', with any regularity, read. They orient; they provide a superstructure; they provide ''context'' in a world so crushingly bereft of it. So why exclude them from your semantic consideration? We are at a loss. At best to do so provides | If you are anything like the [[JC]], the [[headings]] are the only part of the contract you ''do'', with any regularity, read. They orient; they provide a superstructure; they provide ''context'' in a world so crushingly bereft of it. So why exclude them from your semantic consideration? We are at a loss. At best, to do so provides cover to pernicious arguments a miscreant might raise at a later stage to justify enforcing, or resisting, a contractual provision the ''context'' indicated was meant for another purpose altogether. | ||
Why would you put words in a legal contract if you wanted them to be ignored? Is that not the definition of [[waste]]? Look, if you don’t want headings to count, don’t ''use'' the damn things, and expect your document to be the kind of grey, unpunctuated [[entropic]] sludge of Times New Roman that emanates from every [[U.S. law firm|US law firm]]. Is that really what you want?<ref>U/S. attorneys: this is a rhetorical question.</ref> | |||
If, perversely, you ''care'' about your reader’s easy comprehension, use headings to structure your argument<ref>A legal contract is, after fashion, an “argument”.</ref> but do not then complain if your readers expect your argument to, actually, follow the framework you have set out. | |||
{{sa}} | {{sa}} | ||
*{{isdaprov|Headings}} in the ISDA | *{{isdaprov|Headings}} in the ISDA | ||
*[[ | *[[Interpretation]] and [[construction]] | ||
{{ref}} |