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Side letter: Difference between revisions
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Another great [[canard]] in the pantheon of preposterous ways our learned friends go about finding ''[[consensus ad idem]]'', the side letter is an agreement that sits to the “side” of another, main agreement, and which usually operates to undermine it utterly. | Another great [[canard]] in the pantheon of preposterous ways our learned friends go about finding ''[[consensus ad idem]]'', the side letter is an agreement that sits to the “side” of another, main agreement, and which usually operates to undermine it utterly. | ||
The theory seems to be that since a side letter is somewhat out of sight, or points in a slightly | The theory seems to be that since a side letter is somewhat out of sight, or points in a slightly funny direction, or — I don’t know, is ''smaller'', or ''less important-looking'' than the main agreement it circumvents — that people can “get themselves [[comfortable]]” pretending the side letter is not ''formally'' there, while at the same time understanding that, substantially, it totally ''is'' there, and outrageously mocks the stated economic objective of the main razzle-dazzle agreement that everyone feels comfortable pretending ''is'' there when for most practical purposes, by the ministrations of the side letter, it is not. | ||
There is some kind of existential [[paradox]] here. You know how the JC loves a [[paradox]]. In the sense that they are cosmetic artefacts, designed to give one appearance while delivering a different reality, the [[JC]] denounces side letters as stupid, unbecoming things, with which no sensible [[legal eagle]] should ever have truck. But being a pragmatic fellow he also recognises there will be times where a [[legal eagle]]’s [[ditch tolerance]] is not so great that she will go to the wall to avoid having such truck. Look, no-one’s ''proud'' of a side letter — you don’t put an unusual facility with side letters on your CV, or write learned tomes about them, but sometimes you have to do what you have to do, you know? Life’s complicated. | There is some kind of existential [[paradox]] here. You know how the JC loves a [[paradox]]. In the sense that they are cosmetic artefacts, designed to give one appearance while delivering a different reality, the [[JC]] denounces side letters as stupid, unbecoming things, with which no sensible [[legal eagle]] should ever have truck. But being a pragmatic fellow he also recognises there will be times where a [[legal eagle]]’s [[ditch tolerance]] is not so great that she will go to the wall to avoid having such truck. Look, no-one’s ''proud'' of a side letter — you don’t put an unusual facility with side letters on your CV, or write learned tomes about them, but sometimes you have to do what you have to do, you know? Life’s complicated. | ||