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For the avoidance of doubt: Difference between revisions
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{{doubt evasion}} | {{doubt evasion}} | ||
===The case for doubt avoidance=== | |||
Now as you know readers, we like to argue the toss about every little thing, with every little person, and every so often the [[JC]] finds himself getting in an argument with himself. This is one such occasion. For, however, odious this expression is; however mealy-mouthed; however ''derogative'' of an attorney’s basic professional calling, “for the avoidance of doubt” does has a use, and a deliciously subversive one at that. For it is a dead man’s code: a trail of breadcrumbs; a final message to the hereafter from a tommy on the front. One day, years later, we might come across it and feel it pluck at our heartstring as if it were some last, mud-stained letter dispatched to a sweetheart back home, saying “don’t worry, my love, everything will be all right” the night before Private Eagle was sent over the top in a doomed final push. | |||
How so? Well, cast your imagination forward five years. The client negotiation is a thing of the past; the documents, once executed were faxed, scanned, crushed, buried in peat, smudged, mislaid, sent by mistake to Colchester and eventually routed to their final resting place a document repository hosted on a server somewhere in Gdansk. The documents will not be required again unless a catastrophe occurs. When it does the documents will be retrieved (assuming someone can remember the login details) packaged up and sent to some poor legal eagle who will be required to analyse them at the double and advise, categorically and within an hour that the contract bequeaths the necessary rights to the risk team to plunge the handle on their detonator. | |||
Now parsing a legal text at any time is a fraught business. Things that ''look'' straightforward on normal daylight have a habit of rearing up like hellish stallions when the question is “can we actually use these rights?” | |||
{{sa}} | {{sa}} | ||
*{{tag|profound ontological uncertainty}} | *{{tag|profound ontological uncertainty}} | ||
{{ref}} | {{ref}} | ||