Rights cumulative: Difference between revisions

There is no suggestion that a fellow waives her [[copyright]] by signing a [[contract]] (except on with that express intent), so she should hardly need a [[rights cumulative]] clause to satisfy herself of that fact.

Simetimes rights are not cumulative: that is inevitable, you should embrace it, and a hastily injected [[rights cumulative]] clause is a chocolate teapot anyway. There is no [[concurrent liability]], for example, in [[contract]] and [[tort]], because they are the yin and yang of civil liabilities: [[tort]] is the system of rights and obligations that are presumed to exist between otherwise unconnected people whose existences interfere with each other — who are neighbours, in Lord Atkin’s well-oiled phrase, but not lovers (in mine) — who haven’t directly agreed what the rights and obligations between should be. Tort is the delicate business of describing the illusive point at which strangers become neighbours, and articulating a practical public morality between them of the sort that the hateful ordinary [[Man on the Clapham Omnibus|fellow on the Clapham Omnibus]] might contrive. Those presumptive, “when all else fails” rules fall away when neighbours become intimate enough to personally agree the rules of engagement between them. Then they are contracting counterparties, and their specific rights and duties they work out for themselves.