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For if you fear your counterparty may try to make the point that, while it indeed received the [[fruits of the contract|fruits of the agreement]] it made with you, and therefore got what it wanted, it didn’t receive them ''directly from you'' — that by carrying out your promise, at your own cost, through the offices of an [[agent]], [[employee]] or other [[fiduciary]] [[representative]] of your mortal coil — by merely ''procuring'' performance and not performing in person — you have somehow ''wronged'' your counterparty,<ref>The exception that proves the rule is the personal appearance of a celebrity, which one cannot, as a matter of logic, do through an [[agent]] anyway.</ref> then your main concern should not be imprecision in your [[Mediocre lawyer|counsel]]’s drafting, but why on earth you’re entering legal relations with such a goose in the first place. | For if you fear your counterparty may try to make the point that, while it indeed received the [[fruits of the contract|fruits of the agreement]] it made with you, and therefore got what it wanted, it didn’t receive them ''directly from you'' — that by carrying out your promise, at your own cost, through the offices of an [[agent]], [[employee]] or other [[fiduciary]] [[representative]] of your mortal coil — by merely ''procuring'' performance and not performing in person — you have somehow ''wronged'' your counterparty,<ref>The exception that proves the rule is the personal appearance of a celebrity, which one cannot, as a matter of logic, do through an [[agent]] anyway.</ref> then your main concern should not be imprecision in your [[Mediocre lawyer|counsel]]’s drafting, but why on earth you’re entering legal relations with such a goose in the first place. | ||
It is a principle of [[equity]], of business, of ''common flipping sense'' that one should ''[[ | It is a principle of [[equity]], of business, of ''common flipping sense'' that one should ''[[don’t be that guy|not be that guy]]''. | ||
But — as we have rehearsed so many times — to a [[legal eagle]], the | But — as we have rehearsed so many times — to a [[legal eagle]], the realm of commercial probity is a foreign country. It is an inhospitable — even hostile — place. If a [[legal eagle]] ever has to overfly it, she does so with apprehension, maintains altitude and scrams at the first opportunity, for fear she might be shot down. | ||
When allied bombers returned from sorties over Europe, it is said, they sustained flak damage unevenly: some areas were shot at a lot, others far less. Engineers suggested focusing the armour where the planes sustained the most damage. The statistician Abraham Wald pointed out the [[survivor bias]] problem: the only planes you see are the ones that came back: where they got hit was the places it mattered ''least''. | When allied bombers returned from sorties over Europe, it is said, they sustained flak damage unevenly: some areas were shot at a lot, others far less. Engineers suggested focusing the armour where the planes sustained the most damage. The statistician Abraham Wald pointed out the [[survivor bias]] problem: the only planes you see are the ones that came back: where they got hit was the places it mattered ''least''. | ||