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Template:Notification of default paradox: Difference between revisions
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Perhaps unwittingly, George Berkeley addresses the language-dependence of reality. For what no human ear registers cannot be articulated, and what cannot be articulated carries no weight in our ontology. One only articulates things one cares about — the world wide web seems to gives the lie to this, come to think of it — so, for something to matter, ''someone'' who cares about it must see or hear it. | Perhaps unwittingly, George Berkeley addresses the language-dependence of reality. For what no human ear registers cannot be articulated, and what cannot be articulated carries no weight in our ontology. One only articulates things one cares about — the world wide web seems to gives the lie to this, come to think of it — so, for something to matter, ''someone'' who cares about it must see or hear it. | ||
So it is with contracts. There are two kinds of obligations: ''overt'' ones, that cannot help but announce themselves to someone who is on record as caring about them — payments, deliveries, the rendering of agreed-upon services — and implicit ones, private matters that can only be determined by ''enquiry'' — one’s good standing, license to do what one has undertaken, one’s ''' | So it is with contracts. There are two kinds of obligations: ''overt'' ones, that cannot help but announce themselves to someone who is on record as caring about them — payments, deliveries, the rendering of agreed-upon services — and implicit ones, private matters that can only be determined by ''enquiry'' — one’s good standing, license to do what one has undertaken, one’s ''solvency''. | ||
These latter obligations are generally oblique to the purpose of the contract: I don’t care ''exactly'' that you hold a licence to drive a taxi, I care that you are a competent driver and my journey will be safe. A licence is a basic proxy to save me making that enquiry. It obviates [[due dilly]]. Likewise, I may seek a certificate of good standing from the companies register. | These latter obligations are generally oblique to the purpose of the contract: I don’t care ''exactly'' that you hold a licence to drive a taxi, I care that you are a competent driver and my journey will be safe. A licence is a basic proxy to save me making that enquiry. It obviates [[due dilly]]. Likewise, I may seek a certificate of good standing from the companies register. | ||