82,903
edits
Nor anyone acting on its behalf: Difference between revisions
no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 1: | Line 1: | ||
{{pe}}That fabulous {{t|Latin}} construction [[nemo dat quod non habet]] ought, but does not, nix that tedious drafting construction: “neither X, ''[[nor anyone acting on its behalf]]'', may do Y”. | |||
That fabulous {{t|Latin}} construction [[nemo dat quod non habet]] ought, but does not, nix that tedious drafting construction: “neither X, ''[[nor anyone acting on its behalf]]'', may do Y”. | |||
For if, by the lights of the law, a [[principal]] has no right to do a thing, it follows as a matter of ineffable Latin logic that neither may her ox, ass, servant, agent, attorney, nominee, delegate or other mortal representative do that thing on her behalf: one cannot give what one does not have. | For if, by the lights of the law, a [[principal]] has no right to do a thing, it follows as a matter of ineffable Latin logic that neither may her ox, ass, servant, agent, attorney, nominee, delegate or other mortal representative do that thing on her behalf: one cannot give what one does not have. | ||
| Line 7: | Line 5: | ||
Now if such a representative independently happens to be entitled to do that thing, it is a different story, but still this ghastly confection won’t save you: such a representative would not thereby be acting under the contract at hand, nor really on the principal's behalf and thus wouldn't really ''be'' a representative, so this purported contractual stricture will fall upon stony ground. | Now if such a representative independently happens to be entitled to do that thing, it is a different story, but still this ghastly confection won’t save you: such a representative would not thereby be acting under the contract at hand, nor really on the principal's behalf and thus wouldn't really ''be'' a representative, so this purported contractual stricture will fall upon stony ground. | ||
So, be bold, young | So, be bold, young [[Legal eagle|eagle of the law]]: banish it from your armoury. | ||
{{sa}} | |||
{{ | *[[Delegation]] | ||
*[[Nemo dat quod non habet]] | |||