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Knowing how to write contracts beyond a preponderance of a doubt

by Mountain Computers Inc., Publication Date: Monday, October 18, 2021

View Count: 576, Keywords: Contracts, Drafting, Writing, Preponderance, Doubt, Hashtags: #Contracts #Drafting #Writing #Preponderance #Doubt

I have had the opportunity once again to help draft legal documents that are fair, ethical, reasonable and prudent and in good faith.
Remember that the law is a living entity, and the spirit of the law is more powerful than the letter of the law because laws were written by men [and women], and are fallible. The spirit of the laws supersedes in most and all cases the letter of the law because unlike Napoleon law and code, all things cannot be legally explained and managed though we [the greater good and society] believe we [the greater good and society] can, we [the greater good and society] as one, as a country, people and society, cannot. We can only at best guide the letter of the law with the spirit of the law through our times.
With the above in mind, these are a few of the considerations of all things for all parties and people, for all good men and women, for all times:
1. in good faith
2. be it reasonable and prudent
3. avoid libel or slander
4. avoid copyright, patent and trademark infringement
5. avoid violations of privacy
6. remember constitutional rights at ever corner and straight away
and in doing so, know your clauses and provisions:
1. jurisdiction
2. discovery
3. arbitration
4. severability
5. force majeure
The mechanics, procedures, nuances of all this are subtle and requires critical thinking and careful observation, amazing instincts and critical timing and execution of action with a degree of patience to a fault.
caveat: all of this can be done without being a lawyer per se, nor a paralegal, because before we had all of this, we just had two parties, a first party and a second party, and then somehow, a justice of the peace or something alike - a judge. Remember, the Judge is your friend. By law, the Judge without representation must act as the law on your behalf for man reasons, so don't worry. If you get into court and have no representation, the Judge on your behalf will act as such to make sure nothing bad happens to you. With that in mind, wow we as a people, allow and consider a middle party to negotiate the transaction, the exchange, between the parties as trusted, and a successful and good end, and result.
So why do we need lawyers, paralegals, notaries, and the such? Because there is a reasonable and prudent need to have those that can with efficiency and effectiveness we cannot do by ourselves without a large or small degree of legal education and understanding of legal process.
Regardless, do not fret. The law is always on your side if you are doing things to your best, and you know to ask a lot of questions, and do not get scammed into the wrong decisions for all things that you need. There are lawyers that will not give you the best outcome because of this that and the other, yet if you believe you are right, and did no wrong, and you did your homework long before any problems showed up, you are safe. That does not mean the world will not come at you, it just means, you prepared and did the best you could in advance and in lieu of all things considered.
Remember, your constitutional right is innocent until proven guilty, yet the law, courts and law enforcement do not follow this rule; and yet the opposite to you regardless while they have and proven to discriminate en blanche which they have proven to do; yet de facto you are guilty until proven innocent; yet the opposite should be the de facto. Innocent until proven Guilty. Remember that my friends. Instead of guilty until proven innocent, it should be innocent until proven guilty.
more to come...

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