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Inconsistency: Difference between revisions
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}}Abraham Maslow proposed a “hierarchy of human needs” in his famous 1943 paper ''A Theory of Human Motivation''. | }}Abraham Maslow proposed a “hierarchy of human needs” in his famous 1943 paper ''A Theory of Human Motivation''. | ||
[[Legal eagle]]s have their own hierarchy of needs, as indeed do the legal confections they create. This wiki is devoted to them: you might subtitle it | [[Legal eagle]]s have their own hierarchy of needs, as indeed do the legal confections they create. This wiki is devoted to them: you might subtitle it “''A Theory of [[legal eagle|Legal Eagle]] Motivation”. Somewhere near the other top of the eagle’s list — nest? — is the need for utter, nose-bleeding ''clarity'' in legal expression. To be sure, [[JC|wizened malcontents]] might advance the counter-hypothethesis that a little [[constructive]] [[doubt]] is no bad thing, but no-one really cares about them and, inevitably, the [[Will to entropy|will to certainty]] prevails. | ||
It finds its apotheosis in the “[[inconsistency]]” clause which addresses what should happen where two intesecting [[contract]]s conflict. | |||
One might — alack; one fruitlessly ''does'' — retort that a skilled draftsperson should not create conflicting contracts in the first place. Quite so: but the architecture of legal documentation in the financial markets is such that conflicts are not just inevitable, but intended: the schedule to the {{isdama}} is ''designed'' to override contrary provisions in the pre-printed boilerplate ,where the parties so agree. Of course, there it goes without saying that a purpose-built overriding schedule should, as intended, override. | One might — alack; one fruitlessly ''does'' — retort that a skilled draftsperson should not create conflicting contracts in the first place. Quite so: but the architecture of legal documentation in the financial markets is such that conflicts are not just inevitable, but intended: the schedule to the {{isdama}} is ''designed'' to override contrary provisions in the pre-printed boilerplate ,where the parties so agree. Of course, there it goes without saying that a purpose-built overriding schedule should, as intended, override. | ||
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One might — aye; fruitlessly ''does'' — reply that a skilled draft person should draft without doubt in the first place. But here we are. | One might — aye; fruitlessly ''does'' — reply that a skilled draft person should draft without doubt in the first place. But here we are. | ||
{{sa}} | |||
*[[for the avoidance of doubt]] | |||
*[[Definitions and Inconsistency - IM CSD Provision]] | |||
*[[Will to entropy]] | |||