We all try to do the right thing and act honourably even if it includes some sacrifice on our part. For instance, if you make a bargain you stick to it.
However, it normally depends on exactly how much sacrifice. Usually, if it is going to cost under say two thousand dollars most people, not all, will reluctantly grin and bear it. Over that amount clients want their lawyer to find a loophole in a contract.
Parties entering into a contract owe a duty of good faith to the other. This means that they must not do anything to hamper the other achieving the benefit intended under the contract i.e. if you make a bargain you must stick to it.
If, a judge thinks that you deliberately scuppered the deal you will lose. Therefore, the more desperate you are to get out of the deal the more enthusiastic your lawyer must appear to carry it out. Meanwhile, the opposing lawyer will try to look through your lawyer’s enthusiasm for signs of treachery.
This explains why your own lawyer is so negative and paranoid. If, you had to put up with this sort of thing year after year, decade after decade you would be miserable and cantankerous too.
Fortunately, for the desperate party, contracts rarely turn out the way that the parties planned. With a bit of luck your lawyer should be able to allow you a dignified exit from the contract claiming it was the other party’s fault. It only needs to raise enough doubt to make the other party think twice before suing you.
As a client, all you need to remember is never to pick up your ball and walk away from a contract or worse still, tell the other party what you think of him/her and his/her contract. Got it?
© Paul.Brennan 2009. All rights reserved.
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