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{{a|contract| | {{a|contract| | ||
[[File:Heading.png|450px|frameless|center]] | [[File:Heading.png|450px|frameless|center]] | ||
{{subtable|'''Sample''':<br>“Headings are for ease of reference only and shall be ignored in construing this Agreement”}}}}What is it that the [[legal eagle]] so distrusts about headings? | {{subtable|'''Sample''':<br>“Headings are for ease of reference only and shall be ignored in construing this Agreement”}}}}{{quote|“Headings are for ease of reference only and shall be ignored in construing this Agreement”}}What is it that the [[legal eagle]] so distrusts about headings? | ||
If you are anything like the [[JC]], the headings are the only part of the contract you ''do'', with any regularity, read. Headings orient; they provide a superstructure; they provide ''context'' in a legal world so crushingly bereft of it. So why exclude them from helping understand what the document might mean? We are at a loss.<ref>It may be, in times past, the headings were added later by unqualified clerks, or something — I am totally making this up — but that isn’t how things work now.</ref> At best, this provides cover to the miscreant who later claims an interpretation the ''context'' — that is, the ''heading'' the term sat under — indicates is plainly fatuous. | If you are anything like the [[JC]], the headings are the only part of the contract you ''do'', with any regularity, read. Headings orient; they provide a superstructure; they provide ''context'' in a legal world so crushingly bereft of it. So why exclude them from helping understand what the document might mean? We are at a loss.<ref>It may be, in times past, the headings were added later by unqualified clerks, or something — I am totally making this up — but that isn’t how things work now.</ref> At best, this provides cover to the miscreant who later claims an interpretation the ''context'' — that is, the ''heading'' the term sat under — indicates is plainly fatuous. | ||
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If, perversely, you ''care'' about getting to “yes”, and therefore your reader’s easy comprehension, use headings to structure your argument<ref>A legal contract is, after fashion, an “argument”.</ref> but do not then complain if your readers expect your argument to follow the framework you have set out. | If, perversely, you ''care'' about getting to “yes”, and therefore your reader’s easy comprehension, use headings to structure your argument<ref>A legal contract is, after fashion, an “argument”.</ref> but do not then complain if your readers expect your argument to follow the framework you have set out. | ||
===Objections=== | |||
Now your correspondent is a passionate amateur provocateur, and beyond his wildest aspirations this article, of all the dreck he has put out, has touched a nerve within his community. So let us address some objections: | |||
''Through the effluxions of the negotiation process, a clause which started out addressing one topic might wind up addressing something quite different. Even the reverse. What if an “[[assignment]]” clause turns into a “'''no''' assignment” clause, and someone forgets to amend the title?'' | |||
Aside from observing that “assignment” would be a serviceable title for a clause about assignment ''whatever'' its attitude to the topic — I know, bad example — this strikes as a charter for the negligent; an articulation of the [[buttocratic oath]] for our learned friends. | |||
Isn’t getting the title right — thereby yielding a clear, understandable tract — a basic part of competent drafting? If not, why are only bished headings forgiveable? Should we extend alms, too, to those malcompetent types who botch clauses as well? | |||
Actually that would be an great construction clause: | |||
{{Quote|“'''Clauses''': The text of each clause is for ease of justification of fees only and shall be ignored when adjudicating the competence of the professional advisers who prepared this Agreement.”}} | |||
{{sa}} | {{sa}} |