Hold on to your seats, blog readers. The Chicken Lawyer typically pays homage to the “Chicken” side of the blog, but today, The Chicken Lawyer is in the mood to talk about contracts. It happens. It’s just one of those many occupational hazards. Don’t worry; there will still be chicken pictures!
What does this have to do with contracts? I’m in the mood for contracts because I’m working on my class syllabus for Business Law, which attempts to cover all things contract in 2 weeks. My 1 goal in these 2 weeks is to convert my students into happy little contract geeks. No longer should they look upon a contract with glazed expressions bemoaning the fates that should call upon them to read or write such a dull document! Nay, they shall proceed with twinkles in their eyes, poised to encapsulate an agreement that will lay the foundation for a smooth and successful business transaction.
You may scoff, but I have seen the twinkle, and it is worth 10,000 diamonds to me. Maybe even worth, say, 2 chickens.
It has absolutely nothing to do with contracts. Most business students come to me quite jaded about contracts. The perception is that contract review and negotiation is not an important skill, because that’s what lawyers are for, and big companies will just do what they want regardless of what is in the fine print. That kind of thinking really chaps The Chicken Lawyer’s bum, so I do my best to erode the sentiment.
I also talk about the implied covenant of good faith and fair dealing in my class. The bantam-sized version of this wordily named legal principle is this: whether the contract states it or not, all parties promise to act in “good faith” and deal fairly with one another. Failure to do so breaches the covenant, and liability may ensue.
I also talk about the implied covenant of good faith and fair dealing in my class. The bantam-sized version of this wordily named legal principle is this: whether the contract states it or not, all parties promise to act in “good faith” and deal fairly with one another. Failure to do so breaches the covenant, and liability may ensue.
It doesn't matter - no one reads the article anyway! This is an extremely important concept for students of contracts. There is a lot of pressure in the business world to take advantage of every advantage in a contract situation. Finding the “magic loophole” out of a contract is exalted in the media. No one seems to make the news for their “good faith and fair dealing,” but, at heart, I know it is important to most.
After all, it only takes ten minutes on a playground to hear the cry: BUT THAT’S NOT FAIR!
After all, it only takes ten minutes on a playground to hear the cry: BUT THAT’S NOT FAIR!
It's all about the chicken pictures. Life may not be fair, but that’s no reason for us to act unfairly ourselves.
In the long run, fair dealing leads to better business relationships. The momentary advantage of exploiting a contract loophole does not compare.
Alright. Who laid the green egg? My chickens, of course, have no idea of what I babble about here. They settle all of their legal disputes via the harsh court of pecking order. He who pecks the hardest wins. But even for the chickens, this is only a temporary solution. The mean old rooster that lords over his hens and feed, bloodying everybody in his way, is always the first chicken in the pot when the farmer is feeling peckish.
Phew, that was a close one. So there you go:
Be fair, or the farmer will eat you!
P.S. No, there is no legal advice in this column.
I didn’t even send you a bill!
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