Electronic execution: Difference between revisions

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===The ''contract'' versus the ''written agreement''===
===The ''contract'' versus the ''written agreement''===
The [[contract]], ''[[consensus ad idem]]'' is an immaterial thing. It has no physical extension. It does not intrude on the mortal plane. Its best earthly representative is the ''written agreement'', a printed form wherein the parties do their best to set out in full the boundaries of their compact. If they have one of these, and have indicated their consent to it, a court will be disinclined to look beyond “the four corners of the document” when divining the parties commercial intentions. This is in part convenience, in part laziness, but in part the fair assumption that since the parties were bothered to write down the important parts of their agreement, something that they ''didn’t'' write down can't have been important. Since it is suddenly in issue, apparently against all expectation, the benefit of the doubt sides with the paperwork. God is not be your witness, so your written record will have to do.
The [[contract]], ''[[consensus ad idem]]'' is an immaterial thing. It has no physical extension. It does not intrude on the mortal plane. Its best earthly representative is the ''written agreement'', a printed form wherein the parties do their best to set out in full the boundaries of their compact. If they have one of these, and have indicated their consent to it, a court will be disinclined to look beyond “the four corners of the document” when divining the parties commercial intentions. This is in part convenience, in part laziness, but in part the fair assumption that since the parties were bothered to write down the important parts of their agreement, something that they ''didn’t'' write down can't have been important. Since it is suddenly in issue, apparently against all expectation, the benefit of the doubt sides with the paperwork. God is not be your witness, so your written record will have to do.
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*[[No oral modification]]
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