Reliance on legal advice: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 23: Line 23:


===[[Cui bono]]?===
===[[Cui bono]]?===
Ask yourself who, principally benefits from this provision? Certainly not the client, and not really you either, since you enforce it on pain of sacrificing the [[commercial imperative]] to save your lawyer’s hide. Your lawy — ahhhh, ''that’s'' it! ''That’s'' who benefits from this nutty clause. Your lawyer!  
Ask yourself who, principally benefits from this provision? Certainly not the client, and not really you either, since you enforce it on pain of sacrificing the [[commercial imperative]] to save your lawyer’s hide. Your lawy — ahhhh, ''that’s'' it! ''That’s'' who benefits from this nutty clause. Your ''lawyer''!  


''And whose idea was this nutty clause, in the first place?''
''And whose idea was this nutty clause, in the first place?''
Line 30: Line 30:


{{sa}}
{{sa}}
*[[Allocation of legal fees]]
*The [[commercial imperative]]. ''Never'' forget the [[commercial imperative]].
*The [[commercial imperative]]. ''Never'' forget the [[commercial imperative]].
*[[All our other counterparties have agreed this]]
*[[All our other counterparties have agreed this]]
*[[Legal eagle]]
*[[Legal eagle]]
{{ref}}
{{ref}}