What the eye don’t see the chef gets away with

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A vital part of pragmatic jurisprudence, neatly captured by the Latin maxim.

quod occulo non videt, coquus non est culpandum

Comes in two flavours:

  • covenants by which you expect counterparties to promptly advise you of their breach of contract to you
  • Covenants the breach of which you cannot realistically expect to ever find out about.