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Scribam, ergo salvum sum: Difference between revisions
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The 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 [[metaphyiscs|metaphysical]] thing – an intellectual construct, unchained of any mortal, papery coil that might represent it in this world. | The 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 [[metaphyiscs|metaphysical]] thing – an intellectual construct, unchained of any mortal, papery coil that might represent it in this world. | ||
If, carelessly, the parties have failed to correctly document the basis of 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. The agreement might take the form of speech, non-[[verbal]] represnetations, insinuations, and outrageous untruths your [[sales]]person has trotted out to the | If, carelessly, the parties have failed to correctly document the basis of 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. The agreement might take the form of speech, non-[[verbal]] represnetations, insinuations, and outrageous untruths your [[sales]]person has trotted out to the client while plying him with drink. None of these things will be in the [[written contract]], though be assured if your client is a [[little old lady]] the courts will expend considerable energy in finding out that they took place and formed a vital part of the [[consensus ad idem]]. | ||
{{seealso}} | {{seealso}} | ||
*[[Disclaimer]] | *[[Disclaimer]] | ||
*[[Sales]] | |||
*[[Rene Descartes]] | *[[Rene Descartes]] | ||
*[[Chicken Licken]] | *[[Chicken Licken]] | ||
{{c|Metaphysics}} | {{c|Metaphysics}} {{egg}}{{draft}} | ||