Legal: Difference between revisions

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====I am a human being====
{{a|people|[[File:Eagle over grand canyon.jpg|center|450px|thumb|How we think of ourselves. Seriously. (Okay, everyone other than [[Simmons + Simmons]].]]}}
The department whose individuals you can’t be bothered naming to which you forward awkward queries you can't be bothered reading for yourself, let along taking the time to understand. You may never how much a lawyer resents that to-all email addressed: “Hi, [[Legal]]”<ref>There is something worse: faux joviality, which conveys as finely honed sarcasm, in the phrase “Hi, [[Legal Eagles]]!!!”</ref>.
The department whose individuals you can’t be bothered naming, to whom you forward awkward queries you can’t be bothered reading, let along taking the time to understand. You may never how much a lawyer resents that to-all email addressed: “Hi, [[Legal]]”<ref>There is something worse: faux joviality, which conveys as honed sarcasm, as in the phrase “Hi, [[Legal Eagles]]!!!”</ref>.


====Help me, Legal ====
===What legal is’t===
The frequently heard, usually false, refrain, “I cannot opine on that, because it’s a question of law” drops like a scented jewel from the lips of colleagues who can’t be bothered — or are too ''scared'' — to make a simple decision by themselves. No-one ''likes'' making decisions in modern multinationals: no individual good comes of it, however much collective good may follow. Individual good comes from taking ''[[taking credit|credit]]'', not taking a [[taking a view|view]]''.
*'''[[Legal]] isn’t a [[letter]]-reading service'''. You are employed by a regulated financial institution. By having even got in the door, you are presumed to have some kind of higher education and to be basically literate (though, having enjoyed the [[Buzzword|product of management speak]] for decades we realise this is wishful thinking). But any rate, you can read. Yes, even you [[sales]]people.
*'''[[Legal]] isn’t a [[contract]] signing service'''. If you want to do the crime, sign for it. If you don’t understand the legal document you are signing, [[get your coat]].
 
===Help me, Legal ===
The words “I cannot say: you’ll have to ask [[legal]]” drop like scented jewels from the lips of colleagues who can’t be bothered — or are too ''[[Fear - Risk Article|scared]]'' — to make a simple decision, or read a simple letter, by themselves. No-one ''likes'' making decisions in modern multinationals: no individual good comes of it, however much collective good may follow<ref>Individual good comes from taking ''[[taking credit|credit]]'' for decisions made once they have safely borne fruit, not from taking a [[taking a view|view]]''.</ref>.


But not all legal questions are beyond the layperson’s grasp. By presumption of law, ''none'' of them are: the law [[supposes|deemed]] you know it comprehensively, however paltry your education. In the general run of things, ignorance is no excuse. Within a modern corporation, it is a virtue.
But not all legal questions are beyond the layperson’s grasp. By presumption of law, ''none'' of them are: the law [[supposes|deemed]] you know it comprehensively, however paltry your education. In the general run of things, ignorance is no excuse. Within a modern corporation, it is a virtue.


“Legal will need to say when the contract is formed. It is not for me to opine”. This is the sort of senseless thing you hear. “[[Legal]]” ''can'' opine, of course — nothing gives “[[Legal]]” greater pleasure than sounding off on [[offer]], [[acceptance]] and [[invitation to treat]] or weighing in on whether the [[intention to create legal relations]] is an independent ingredient of the ''[[consensus ad idem]]''<ref>Whatever the learned academics and the courts may say it is not. [[Intention to create legal relations]] is ''the inference you draw'' from an [[accept]]ed [[offer]] supported by [[consideration]].</ref>. Contract formation is not alchemy: you do it without pause at the supermarket checkout and when you press a copper into your newsagent’s mitten.
“Legal will need to say when the {{tag|contract}} is formed. It is not for me to opine”. This is the sort of senseless thing you hear. “[[Legal]]” ''can'' opine, of course — nothing gives “[[Legal]]” greater pleasure than sounding off on [[offer]], [[acceptance]] and [[invitation to treat]] or weighing in on whether the [[intention to create legal relations]] is an independent ingredient of the ''[[consensus ad idem]]''<ref>And here, as ever, your devoted correspondent finds himself drifting free of the moorings of legal consensus. For whatever the learned academics and our storied magistrates — including no lesser luminaries than Lord Atkin himself, in  {{cite|Balfour|Balfour|1919|2KB|571}} —  in their exposition of the [[common law]]’s golden stream, may previously have said, it is ''not''. [[Intention to create legal relations]] is ''the inference you draw'' from an [[accept]]ed [[offer]] supported by [[consideration]].</ref>. But {{tag|contract formation}} is not alchemy: you do it without pause at the supermarket checkout and when you press a copper into your newsagent’s mitten.


It is binary, however, for — and this is a matter of logic, not law — either there ''is'' a contract, or there ''isn’t'', but there is no purgatorial state between them. It’s like being pregnant: there is no third way. You must hitch your wagon to one train or the other.
Nor can you hedge on the question until your [[Mediocre lawyer|lawyer]] arrives. It is binary — and this is a matter of logic, not law — for either there ''is'' a contract, or there ''isn’t''. There is no purgatorial state between. It’s like being pregnant. So it won’t do to defer the question to legal. Before you even have a chance to ask [[Legal]] you have made a call: if you are not prepared to say there ''is'', you are asserting there is ''not''.


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