This is a very bad take. Handshakes carry weight, sure ... but what is the AGREEMENT that they affix themselves to? The beauty of a written contract is that it forces both parties to contemplate the EXACT, SAME details ...and then gives an arbiter, later, access to the same. https://twitter.com/Kyle_Moonlight/status/1075119610389774336 …
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8/ And yet, I've got hundreds of experiences where someone is relating a "he said/she said" story about some stupid crap, and I tune them out because I honestly don't care about the travails of people too stupid to draft a quick memo and sign it. https://twitter.com/mcclay_roman/status/1075132870421753856 …
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9/ Compare: The blacksmith delivered the hinges, but they were too small for the intended door. I, the farmer, say "these are no good; I'll give you 18 bushels" "No, I delivered the hinges! Pay me!" "The WRONG hinges!" https://twitter.com/Oghma_EM/status/1075133473562742785 …
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10/ "Give me two bushels or I stab you to death" "No" <stab> <stab> Yes, your handshake deal is awesome.
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No. A well written contract conveys the intent behind the contract i.e. “in consideration of you performing X, I will perform Y.” The parol evidence rule limits the interpretation of the contract to only what is within the 4 corners of the contract. 1/2
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What the parties may or may not have believed they were contracting is secondary to what is on the paper. 2/2
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But comments are for humans, not the CPU ! If you need comments to make your contract execute correctly, you've got a buggy contract!
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