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No partnership clause: Difference between revisions
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In the classic [[partnership]], each party is liable, in full, for any losses incurred or brought about by any of the other partners when acting on behalf of the enterprise. The moral of the story is “don’t go into partnership with morons or psychopaths” — this isn’t bad life advice generally, come to think of it — and so sticking it in a commercial contract which on its face does no such thing does no real harm beyond offending the sensibilities of those with a passion for elegant minimalism in their contracts. Such as yours truly. | In the classic [[partnership]], each party is liable, in full, for any losses incurred or brought about by any of the other partners when acting on behalf of the enterprise. The moral of the story is “don’t go into partnership with morons or psychopaths” — this isn’t bad life advice generally, come to think of it — and so sticking it in a commercial contract which on its face does no such thing does no real harm beyond offending the sensibilities of those with a passion for elegant minimalism in their contracts. Such as yours truly. | ||
For the thing is this: either your [[NDA]], on its face, does not even pretend to set up the sort of dynamic that could be regarded as a [[partnership]]<ref>While partnerships can arise inadvertently, their general characteristics — profit sharing, common ownership of property and contribution of capital, joint management of the enterprise — are a world away from the terms of the average arm’s length commercial contract, so you would have to be quite careless to do it.</ref> — why would me giving you confidential information do that? — in which case you don’t need the clause, or it does, in which case you shouldn’t have it. | For the thing is this: either your [[NDA]], on its face, does not even pretend to set up the sort of dynamic that could be regarded as a [[partnership]]<ref>While partnerships can arise inadvertently, their general characteristics — profit sharing, common ownership of property and contribution of capital, joint management of the enterprise — are a world away from the terms of the average arm’s length commercial contract, so you would have to be quite careless to do it.</ref> — why would me giving you confidential information do that? — in which case you don’t need the clause, or it does, in which case you shouldn’t have it, and trying to pretend what is in fact a partnership is not will cause you more trouble than it is worth. | ||
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*[[I never said it was]] | |||
*[[Partnership]] | |||
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