With respect to: Difference between revisions

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Does not mean the same as [[under]]. Classic mealy mouthed lawyering, in that if what you mean is under you should say under, however much it might jazz your legal druthers to say with respect to.
{{pe}}“[[With respect to]]” (aka “[[in respect of]]”) A prepositional phrase, like “[[in relation to]]” or “[[in connection with]]” that puts two things loosely in connection with each other, without implying a causal link between them. It’s — literally — a ''meta''preposition. Very meta.


Example of misuse: the definition of {{gmslaprov|income}} in the {{gmsla}}.
A good one to use if your [[Mediocre lawyer|natural fear of your own language]] cautions you against stronger prepositions, that ''do'' imply a causal link, like “in”, “[[under]]”, “[[arising out of]]” or “from”, lest you should have missed something.


{{plainenglish}}
The classic formulation is found in the standard [[Rome II]]-compliant [[governing law]] clause: “[[In the event of]] a dispute [[arising out of]] ''or [[in relation to]]'' this {{tag|contract}}, [[including]] any question regarding its existence, validity or termination ...”
 
This captures not just disputes in contract ''[[under]]'' this agreement, but disputes that might arise as to the formation of this agreement (pre-contractual [[Misrepresentation|misrepresentations]], for example — whcih as a matter of logic predate the contract, and therefore cannot arise under it), and disputes about actions, while performed under a contract, might all the same sound in tort (should there be found to be concurrent liability — a remote contingency, to be sure, but our sacred duty is to obsess about remote contingencies, remember?).
 
Careful about being too trigger-happy about loose prepositional phrases like this. There  is a howler in the definition of {{gmslaprov|income}} in the {{gmsla}}.
 
:''{{GMSLA 2010 Income}}''
Here, the drafting should say " [[interest]], [[dividend]]s or other distributions ''of any kind whatsoever''<ref>Actually, in the [[JC]]'s view this is also unintentially wide and really ought to be “...or other ''similar'' distributions”. See {{gmslaprov|Income}} for more [[tedious]] discussion on this fascinating topic.</ref> paid under the {{gmslaprov|Securities}} or {{gmslaprov|Collateral}}.