What we have learned about people from practicing law.

From the desk of Tim O’Hara:

  1. No one gives away $100,000.00.

Often people will gift a large amount of money to one person in the belief that person will distribute the money.  In a contract, sometimes people will fudge on the amounts in the belief that in good faith the other side (often a friend or relative) will  correct any discrepancy.  Even experienced businessmen will believe that if circumstances drastically change that their business associates will amend the deal to reflect it.

If it is a small amount they might but the larger the sum the more reason the party will find not to do it.

Recently the Supreme Court of Canada had to make a judicial ruling that in certain circumstances, a party can assume good faith on behalf of the other party.

Don’t.  When the money is big, good faith becomes maliable even among family.

  1. Sometime the best you can do is the best you can do.

In law, there is no perfect answer.  There is no perfect trial.  There is no perfect law.

Consequently the answer to a question is the best answer.  The determination of an issue is the best opinion.

In each case it is the best you can do.

Sometime the best you can do is the best you can do.

  1. A famous jurist (Lord Denning) determined that you cannot avoid responsibility by refusing to do your duty.

It is a spectacular concept.  Think about it  – every government, every person, every business is legally bound to do their duty.

Sadly, the concept is given lip service in numerous circumstances but it has been diminished to be almost irrelevant in application.

It is still however a concept I believe in.

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