Template:Isda 9(b) summ: Difference between revisions

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Exceptionally poor drafting takes a clause which didn’t really need to be said at all, and converts it into a monster. If we convert this to symbolic logic it must mean this:
{{icds}} takes a clause which didn’t really need to be said, and converts it into a monster. If we convert this to symbolic logic it must mean this:


'''''Effective amendment or waiver {{font colour|green|<nowiki>=</nowiki>}}[[In writing]] {{font colour|red|AND}} {{font colour|green|[}}{{font colour|red|EITHER}} executed by each party {{font colour|red|OR}} confirmed by exchange of {{font colour|green|[}}{{font colour|red|EITHER}} [[Telex]] {{font colour|red|OR}} [[electronic message]]{{font colour|green|]]}}'''''
'''''Effective amendment or waiver {{font colour|green|<nowiki>=</nowiki>}}[[In writing]] {{font colour|red|AND}} {{font colour|green|[}}{{font colour|red|EITHER}} executed by each party {{font colour|red|OR}} confirmed by exchange of {{font colour|green|[}}{{font colour|red|EITHER}} [[Telex]] {{font colour|red|OR}} [[electronic message]]{{font colour|green|]]}}'''''


Firstly, “[[in writing]]” means ''recorded for posterity, in words ingestable by means of the eyes, as opposed to the ears''. This is not the OED definition, I grant you — I made it up just now — but it zeroes in on thte immutable fact that, whether it is on parchment, paper, cathode ray tube, LED screen or electronic reader, you take them in by looking at them. Not [[orally]] — from the mouth — or for that matter, ''aurally'' — to the ears. Visible sentences.  
Firstly, “[[in writing]]” means ''recorded for posterity, in words ingestable by means of the eyes, as opposed to the ears''. This is not the OED definition, I grant you — I made it up just now — but it zeroes in on the immutable fact that, whether it is on parchment, paper, cathode ray tube, LED screen or electronic reader, you take in writing by ''looking at it''. Not [[orally]] — from the mouth — or for that matter, ''aurally'' — to the ears nor, in the [[JC]]’s favourite example, via semaphore, by a chap standing on a distant hill, but in visible sentences, made up of visual words.  


So WHAT THE HELL IS “INCLUDING A WRITING EVIDENCED BY A FACSIMILE TRANSMISSION” MEANT TO ADD? What even is “a” writing? But, readers, this brief sentence gets only worse. ''Then'' it says “'''AND''' executed by each of the parties” — so what, are you saying you have to get them to sign your fax copy? —
So WHAT THE HELL IS “INCLUDING A WRITING EVIDENCED BY A FACSIMILE TRANSMISSION” MEANT TO ADD? What even is “a” writing? But, readers, this brief sentence gets only worse. ''Then'' it says “'''AND''' executed by each of the parties” — so what, are you saying you have to get them to sign your fax copy? —