Headings: Difference between revisions

739 bytes added ,  16 August 2021
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{{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 a 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.
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.


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*{{isdaprov|Headings}} in the ISDA
*{{isdaprov|Headings}} in the ISDA
*[[Inrterpretation]] and [[construction]]
*[[Interpretation]] and [[construction]]
{{ref}}