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====Help me, Legal ==== | ====Help me, Legal ==== | ||
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 | 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]]''. | ||
But not all legal questions are beyond | 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. | |||
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. | |||
It is binary, however, for — and this is a matter of logic, not law — there | |||
{{ref}} | {{ref}} | ||
{{c|egg}} | {{c|egg}} |