What if: Difference between revisions

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Oh, the fertile, febrile mind of a [[Mediocre lawyer|transactional lawyer]].
{{a|drafting|}}Oh, the fertile, febrile mind of a [[Mediocre lawyer|transactional lawyer]].


Part of the paranoid delight of transactional drafting is catering for unforeseen [[contingencies]]. To do this, the [[draftsperson]] has many tools at her disposal: [[force majeure]] clauses, [[indemnities]], [[termination rights]], and a propensity to draft ornate, byzantine [[valuation dispute]] clauses.
Part of the paranoid delight of transactional drafting is catering for unforeseen [[contingencies]]. To do this, the [[draftsperson]] has many tools at her disposal: [[force majeure]] clauses, [[indemnities]], [[termination rights]], and a propensity to draft ornate, byzantine [[valuation dispute]] clauses.


But there remains in all of these a guiding principle: one should only address contingencies ''now'' that cannot predictably be resolved ''later'' — that is to say, in the unlikely event they arise. For those contingencies, one has a simpler approach: [[amendment]]. For the certainty gained by catering for these contingencies comes at the cost of length, complexity, aggravation and, well, ''cost'' of finalising your contract.
But there remains in all of these a guiding principle: one should only address contingencies ''now'' that cannot predictably be resolved ''later'' — that is to say, in the unlikely event they arise. For those contingencies, one has a simpler approach: ''[[amendment]]''. For the certainty gained by catering for these contingencies comes at the cost of length, complexity, aggravation and, well, ''cost'' of finalising your contract.


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*[[Chicken Licken]]
*[[Chicken Licken]]
*[[Indemnity]]
*[[Indemnity]]
*[[The farmer and his sheep]]
*[[The farmer and the sheep]]
 
 
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{{c2|Drafting|Risk}}