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Sometimes it is important that more than one copy of a document is recognised as an “original” — for [[tax]] purposes, for example, or where “the agreement” must be formally lodged with a land registry. But these cases, involving the conveyance of real estate, are rare — non-existent, indeed, when the field you are ploughing overflows with flowering {{isdama}}s, [[confidentiality agreement]]s and so on. If yours does — and if you are still reading, I can only assume it does, or you are at some kind of low psychological ebb — a “[[counterparts]]” clause is as useful to you as ''a chocolate tea-pot''. | Sometimes it is important that more than one copy of a document is recognised as an “original” — for [[tax]] purposes, for example, or where “the agreement” must be formally lodged with a land registry. But these cases, involving the conveyance of real estate, are rare — non-existent, indeed, when the field you are ploughing overflows with flowering {{isdama}}s, [[confidentiality agreement]]s and so on. If yours does — and if you are still reading, I can only assume it does, or you are at some kind of low psychological ebb — a “[[counterparts]]” clause is as useful to you as ''a chocolate tea-pot''. | ||
Indeed: even for land lawyers, all it does is sort out which, of a scrum of identical documents signed by different people, is the “original”. This is doubtless important if you are registering leases in land registries, or whatever other grim minutiae land lawyers care about — we banking lawyers have our own grim minutiae to obsess about, so you should forgive us for not giving a tinker’s cuss about yours, ''Landadler''. <ref>The JC has great friends in the land law game, back home in New Zealand, and he doesn’t want to upset them — not that they are the easily upset types.</ref> | Indeed: even for land lawyers, all it does is sort out which, of a scrum of identical documents signed by different people, is the “original”. This is doubtless important if you are registering leases in land registries, or whatever other grim minutiae land lawyers care about — we banking lawyers have our own grim minutiae to obsess about, so you should forgive us for not giving a tinker’s cuss about yours, ''die Landadler''. <ref>The [[JC]] has great friends in the land law game, back home in New Zealand, and he doesn’t want to upset them — not that they are the easily upset types.</ref> | ||
ANYWAY — if your area of legal | ANYWAY — if your area of legal speciality ''doesn’t'' care which of your contracts is the “original” — and seeing as, [[Q.E.D.]], they’re identical, why should it? — a counterparts clause is ''a waste of trees''. If the law decrees everyone has to sign the same physical bit of paper (and no legal proposition to our knowledge ''does'', but let’s just say), a clause ''on'' that bit of paper saying that they ''don’t'' have to, is hardly going to help. | ||
Mark it, nuncle: there is a [[Chicken-licken|chicken]]-and-[[egg]] problem here; a temporal {{t|paradox}} — and you know how the [[JC]] loves those. For if your contract could only be executed on several pieces of paper ''if the parties agreed that'', then wouldn't you need them all to sign an agreement, saying just that, on the same piece of paper? And since, to get that agreement, everyone ''is'' signing the same piece of paper, why don’t you have done with it and just have them all sign the same copy of the blessèd contract, while you are at it? | Mark it, nuncle: there is a [[Chicken-licken|chicken]]-and-[[egg]] problem here; a temporal {{t|paradox}} — and you know how the [[JC]] loves those. For if your contract could only be executed on several pieces of paper ''if the parties agreed that'', then wouldn't you need them all to sign an agreement, saying just that, on the same piece of paper? And since, to get that agreement, everyone ''is'' signing the same piece of paper, why don’t you have done with it and just have them all sign the same copy of the blessèd contract, while you are at it? | ||
But was there ever a logical ''cul-de-sac'' so neat, so compelling, that it stopped a [[legal eagle]]s insisting on stating it anyway, on pain of cratering the trade? There are little ones to feed. | But was there ever a logical ''cul-de-sac'' so neat, so compelling, that it stopped a [[legal eagle]]s insisting on stating it anyway, on pain of cratering the trade? There are little ones to feed. | ||