! Any lawyers or latin speakers out there?

Discussion in 'Computer Support' started by Moe Underdawg, Dec 7, 2005.

  1. Hello group.

    You folks are so educated about so many varied things, I thought I'd give
    it a try in here for some badly needed assistance.

    I need the latin term, or legal principle, or common law basic premise,
    which embodies the concept that [there cannot be contradicting conditions
    upon the face of the same instrument and/or action].

    Specifically, the principle would not allow a contract [for example] to
    provide "I hereby give you this [property] free of any consideration, for
    the small price of only $10." Or "I hereby divorce you, but I retain the
    right to stay married to you in order to collect your bonus." Or "I hereby
    forever waive my right to appeal, but I retain my right to appeal later."
    Something like that. I remember from business law that there was a term
    that addressed that type situation - but that was so many beers ago.

    Can anybody please help me out here, please?

    Many thanks in advance.
    Moe Underdawg, Dec 7, 2005
    #1
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  2. Moe Underdawg

    The Wanderer Guest

    On 07 Dec 2005 17:39:13 GMT, Moe Underdawg wrote:

    > Hello group.
    >
    > You folks are so educated about so many varied things, I thought I'd give
    > it a try in here for some badly needed assistance.
    >
    > I need the latin term, or legal principle, or common law basic premise,
    > which embodies the concept that [there cannot be contradicting conditions
    > upon the face of the same instrument and/or action].
    >
    > Specifically, the principle would not allow a contract [for example] to
    > provide "I hereby give you this [property] free of any consideration, for
    > the small price of only $10." Or "I hereby divorce you, but I retain the
    > right to stay married to you in order to collect your bonus." Or "I hereby
    > forever waive my right to appeal, but I retain my right to appeal later."
    > Something like that. I remember from business law that there was a term
    > that addressed that type situation - but that was so many beers ago.
    >
    > Can anybody please help me out here, please?
    >
    > Many thanks in advance.


    You might do better to ask the question in a legal NG.
    --
    the dot wanderer at tesco dot net
    The Wanderer, Dec 7, 2005
    #2
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  3. Moe Underdawg

    Toolman Tim Guest

    In news:10s7sf8w7rkhu.1b74tx90kets1$,
    The Wanderer spewed forth:
    > On 07 Dec 2005 17:39:13 GMT, Moe Underdawg wrote:
    >
    >> Hello group.
    >>
    >> You folks are so educated about so many varied things, I thought I'd
    >> give it a try in here for some badly needed assistance.
    >>
    >> I need the latin term, or legal principle, or common law basic
    >> premise, which embodies the concept that [there cannot be
    >> contradicting conditions upon the face of the same instrument and/or
    >> action].
    >>
    >> Specifically, the principle would not allow a contract [for example]
    >> to provide "I hereby give you this [property] free of any
    >> consideration, for the small price of only $10." Or "I hereby
    >> divorce you, but I retain the right to stay married to you in order
    >> to collect your bonus." Or "I hereby forever waive my right to
    >> appeal, but I retain my right to appeal later." Something like that.
    >> I remember from business law that there was a term that addressed
    >> that type situation - but that was so many beers ago.
    >>
    >> Can anybody please help me out here, please?
    >>
    >> Many thanks in advance.

    >
    > You might do better to ask the question in a legal NG.


    Does that mean this is an illegal NG?
    Toolman Tim, Dec 7, 2005
    #3
  4. Moe Underdawg

    PC Guest

    snip

    "I hereby forever waive my right to appeal, but I retain my right to appeal
    later."

    snip


    > Does that mean this is an illegal NG?
    >



    No it just means someone is trying to have it both ways.

    P.
    PC, Dec 7, 2005
    #4
  5. Moe Underdawg

    Paul Blarmy Guest

    On Thu, 8 Dec 2005 11:17:05 +1300, PC wrote...

    > No it just means someone is trying to have it both ways.


    What. Like a hermaphrodite?

    --
    EMail address is disposable and never checked.
    Outgoing message is certified VIRUS FREE by
    *me* using nothing more than common sense.
    Paul Blarmy, Dec 7, 2005
    #5
  6. Moe Underdawg

    Rich Wilson Guest

    Rich Wilson, Dec 8, 2005
    #6
  7. Moe Underdawg

    B.D. 4 Hire Guest

    Moe Underdawg <> wrote in
    news:Xns972576835FBEDxxuNOitxx@67.98.68.13:

    > Hello group.
    >
    > You folks are so educated about so many varied things, I thought I'd
    > give it a try in here for some badly needed assistance.
    >
    > I need the latin term, or legal principle, or common law basic
    > premise, which embodies the concept that [there cannot be
    > contradicting conditions upon the face of the same instrument and/or
    > action].
    >
    > Specifically, the principle would not allow a contract [for example]
    > to provide "I hereby give you this [property] free of any
    > consideration, for the small price of only $10." Or "I hereby divorce
    > you, but I retain the right to stay married to you in order to collect
    > your bonus." Or "I hereby forever waive my right to appeal, but I
    > retain my right to appeal later." Something like that. I remember
    > from business law that there was a term that addressed that type
    > situation - but that was so many beers ago.
    >
    > Can anybody please help me out here, please?
    >
    > Many thanks in advance.
    >




    Where a contract is open to two different but equally probable
    interpretations, it is interpreted against the author, especially
    if there is a power imbalance between the parties:

    "verba fortius accipiuntur contra proferentem"

    HTH.


    --
    Beer makes me really smart. ;o)
    And it makes you *very* pretty. %-Þ
    B.D. 4 Hire, Dec 8, 2005
    #7
  8. PC wrote:
    > snip
    >
    > "I hereby forever waive my right to appeal, but I retain my right to appeal
    > later."
    >
    > snip
    >
    >
    > > Does that mean this is an illegal NG?
    > >

    >
    >
    > No it just means someone is trying to have it both ways.

    Dyslexia does have it's advantages.

    RL
    Raving Loonie, Dec 8, 2005
    #8
  9. Moe Underdawg

    Rocky Reeder Guest

    >> On Thu, 8 Dec 2005 11:17:05 +1300, PC wrote...
    >>
    >> No it just means someone is trying to have it both ways.



    Paul Blarmy <> wrote in
    news::
    >
    > What. Like a hermaphrodite?



    More like a ménage à trois, perhaps?


    --
    Merry Christmas to all!

    And for you secular humanists: If you would care to, have a safe
    and joyous non-specific winter solar solstice celebration!

    First Nietzsche said "God is dead."
    God heard about it, and said "Now, Nietzsche is dead."

    Question: What can be proved here?
    Probably nothing, if you don't believe in Nietzsche anyways.
    Rocky Reeder, Dec 8, 2005
    #9
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