Inconsistency: Difference between revisions

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-{{a|plainenglish|}} Abraham Maslow proposed a hierarchy of human needs in his famous 1943 paper ''A Theory of Human Motivation''. [[Legal eagle]]s have their own hierarchy of needs, as indeed do the legal confections they create. This wiki is devoted to them: you might subtitle it “a theory of legal eagle motivation”. Someone in the other top is the need for utter, nose-bleeding clarity in legal expression — one might advance the counterhypothethsis that a little constructive doubt is no bad thing — and this finds its apotheosis in the “[[inconsistency]]” clause which addresses what should happen where two related contracts conflict with each other.
+{{a|plainenglish|
+[[File:Maslow's Hierarchy of Needs2.svg|450px|thumb|center]]
+}}Abraham Maslow proposed a “hierarchy of human needs” in his famous 1943 paper ''A Theory of Human Motivation''.
+[[Legal eagle]]s have their own hierarchy of needs, as indeed do the legal confections they create. This wiki is devoted to them: you might subtitle it “a theory of legal eagle motivation”. Someone in the other top is the need for utter, nose-bleeding clarity in legal expression — one might advance the counterhypothethsis that a little constructive doubt is no bad thing — and this finds its apotheosis in the “[[inconsistency]]” clause which addresses what should happen where two related contracts conflict with each other.
 One might — alack; one fruitlessly ''does'' — retort that a skilled draftsperson should not create conflicting contracts in the first place. Quite so: but the architecture of legal documentation in the financial markets is such that conflicts are not just inevitable, but intended: the schedule to the {{isdama}} is ''designed'' to override contrary provisions in the pre-printed boilerplate ,where the parties so agree. Of course, there it goes without saying that a purpose-built overriding schedule should, as intended, override.