Legal: Difference between revisions

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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 that kind  colleague who can’t be bothered — or is too ''scared'' — to make a simply decision because, well, ''no-one likes making decisions in modern multinationals''. No individual good comes from it, however much collective good may follow. [[As any fule kno]], individual good comes from taking ''[[taking credit|credit]]'', not taking a [[taking a view|view]]''.
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 your grasp. By presumption of law, ''none'' of them are: the law [[supposes|deemed]] you know their answers comprehensively, however paltry your legal education. Ignorance is no defence.
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.


Yet, within a modern corporation, ignorance is not only a defence but 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 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]]; weighing in on the question of 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>. But 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 either ''is'' a contract or there ''isn’t''; each state of affairs carries its own
risks and rewards, 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.


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