82,891
edits
Scribam, ergo salvum sum: Difference between revisions
no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| (2 intermediate revisions by the same user not shown) | |||
| Line 1: | Line 1: | ||
{{maximgeneration}} | {{a|latin|}}{{maximgeneration}} | ||
A home-made {{tag|Latin}} motto that speaks to the profound existential fear of all [[legal eagle|cautious solicitors]]. Something is only safe — only free from the black terror of the unknown that has a lair in the darkest reaches of every attorney’s heart — once it is ''written down''. | |||
A home-made {{tag|Latin}} motto that speaks to the profound existential fear of all [[ | |||
The worst of it is that it isn’t even necessarily true: even if you write it down, the Leviathan still waits, and growls, and wants to eviscerate you, my young [[Chicken Licken|chicken]]. You may park some of those fears with an [[entire agreement]] clause, and [[no oral modification]], but still a [[contract]] and its [[Written contract|written articulation]] are not the same thing. | The worst of it is that it isn’t even necessarily true: even if you write it down, the Leviathan still waits, and growls, and wants to eviscerate you, my young [[Chicken Licken|chicken]]. You may park some of those fears with an [[entire agreement]] clause, and [[no oral modification]], but still a [[contract]] and its [[Written contract|written articulation]] are not the same thing. | ||
The [[Written contract|written articulation of a legal agreement]] — the paper it is written on, in other words — is no more than evidence of that agreement: it isn’t “the agreement” itself. A [[Contract|legal agreement]] is a [[metaphysics|metaphysical]] thing; a Platonic form: it might be we can only ever see its shadow, thrown across a craggy cave wall: but we | The [[Written contract|written articulation of a legal agreement]] — the paper it is written on, in other words — is no more than evidence of that agreement: it isn’t “the agreement” itself. A [[Contract|legal agreement]] is a [[metaphysics|metaphysical]] thing; a Platonic form: it might be we can only ever see its shadow, thrown across a craggy cave wall: but we shouldn’t confuse that contorted, shifting shape with the intellectual construct — effable — but unchained from the mortal, papery coil that represents it in this world. | ||
If, carelessly, the parties have failed to correctly document terms of the actual agreement between them, but they are, nonetheless, performing it, they can be held to it, as long as you can prove what the agreement actually was, whatever some flesh-weak piece of paper might say. A legally binding agreement might take the form of speech, non-[[verbal]] representations, winks, nods, grunts, insinuations, and outrageous untruths your [[sales]]person has trotted out to the client while plying him with drink. | If, carelessly, the parties have failed to correctly document terms of the actual agreement between them, but they are, nonetheless, performing it, they can be held to it, as long as you can prove what the agreement actually was, whatever some flesh-weak piece of paper might say. A legally binding agreement might take the form of speech, non-[[verbal]] representations, winks, nods, grunts, insinuations, and outrageous untruths your [[sales]]person has trotted out to the client while plying him with drink. | ||