That tangerine comment was well-taken.
Ummm, Attention All Members:
As per your above-posted messages, please be advised and informed that I am in receipt of same.
my understanding is that the pairs of words came about because of the Norman invasion - usually one of the words has a French origin, the other an English origin, to ensure that the deed would be understand by those who spoke French and those who spoke English.
and the stars o’erhead were dancing heel to toe
I agree generally with the explanations of “time is of the essence” given above, and would just like to add the following.
The two English systems of law, common law and equity, treated contractual clauses respecting time differently. The common law went through an extremely technical period, when the letter of a contract meant more than the spirit.
So, if John and Richard agreed that John would do something for Richard by March 1, and John didn’t get it done til March 2, the common law would say that John was in breach of contract, even if Richard hadn’t even noticed the delay until March 15. At common law, time was always of the essence.
Equity was more flexible. Equitable principles said that a delay in completion was potentially a breach, but real loss would have to be shown by the party complaining about the delay - he couldn’t just use it as a technical way to get out of the contract. But equity also recognized that in some cases, the parties count on the contract being completed precisely on time. The parties can choose to make time of the essence, as an explicit term of the contract.
With the fusion of law and equity, the more flexible equitable approach generally governs. A delay in completion is a potential basis for a breach, but the parties can always provide in their contract that a delay, even of an hour, is a fundamental breach of the contract: “time is of the essence.”
and the stars o’erhead were dancing heel to toe
I considered writing my will in plain English; indeed, legalese offends the creative writer in me. However, I sat down to think. If you were recently bereft, which would you rather hear?
“Theo gets my money”, or
“I hereby give, devise, and bequeath to my brother Theodore all of my liquid assets”?
The Campaign for Plain English has been operating for over twenty years in the UK.
There’s a few amusing examples on their website like
Before:
If there are any points on which you require explanation or further particulars we shall be glad to furnish such additional details
as may be required by telephone.
After:
If you have any questions, please ring
INMO by preparing a lease the CPA was engaged in the unauthorized practice of law and should be strung up by his balance sheet.
EG, I hope you ran like hell. Contracts really do protect both sides, and I insist upon them with my clients (and am always happy to make reasonable revisions if requested). In many cases, the law requries a written agreement in attorney client relationships. I would have concerns about an attorney who refused to sign a contract.