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[[File:Coronavirus emoji.jpg|450px|center]] | [[File:Coronavirus emoji.jpg|450px|center]] | ||
}}We are eternally grateful to Ms Van der Leyen and the magnificent [[legal eagle|legal eagles]] in the employ of Astrazeneca for making plain the torture we commercial lawyers endure — torture of prose, patience, and common sense — | }}We are eternally grateful to Ms Van der Leyen and the magnificent [[legal eagle|legal eagles]] in the employ of Astrazeneca for making plain the torture we commercial lawyers endure daily — torture of prose, patience, and common sense — as we quietly, diligently birth commercial legal agreements that shelter an ungrateful public from harm. No one banged pots for ''us''. | ||
They have, too, opened up a new face in the rock-face of [[Epistemology|epistemological]] doubt that besets my learned friends and I. You would think, after all this time, the mountain was tamed, wouldn’t you? Mostly it is — the pitch has a smooth, [[entropic]] flatness suitable only for skilfully tedious [[legal eagle]]s to nest in. So this is special: this is like finding a new, hitherto unseen ''direttissima''; a hidden chimney; a traverse of the gods. Exit cracks leading, we hope, to the summit of Mount Certainty and not a death bivouac. | |||
So what is this new face? We have all heard of “[[best efforts]]”: you must pull out all the stops. It must be a blinder. You must leave everything on the pitch. | |||
It | We have all heard of “[[reasonable endeavours]]”, too. That is a softer commitment. It admits of some mortal weakness and human frailty, but at least requires a jolly good old go. | ||
They are different standards. There is clear water between them. So what do we make of ''mingling'' them? What ''is'' a “best, reasonable effort”? This is as [[Cunisian]] | |||
[[paradox]]. As [[Cunisian]] as one can be. | |||
It's hard to follow but, then, the JC's old eyes grow dim. His knees are bent. His only thought is, why stop here? Why not make it a party? Once you have committed yourself to full blooded discombobulation, why not go the whole hog, grandstand a bit with some triple negatives and all sorts of celery? | |||
“The parties shall have an absolute obligation, to be exercised in a [[commercially reasonable manner]], to use their best reasonable efforts unless, acting in [[good faith]], it would not be materially unreasonable not to do so, provided that there shall be no liability in the absence of [[gross negligence]], [[fraud]] or [[wilful default]].” | |||
There. That ought to do it. | |||
{{Sa}} | {{Sa}} | ||
*[[Commercially reasonable manner]] | *[[Commercially reasonable manner]] | ||
*[[Bob Cunis]] | |||
{{c|paradox}} |