“If the law supposes that,” said Mr. Bumble,… “the law is a ass—a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience.” [Charles Dickens, Oliver Twist.] Ruminations doesn’t exactly know what all of that means, but it hasn’t been our experience. The law is not “a[n] ass, a[n] idiot.” None of us should think that we can draft documents (lease, mortgages or other agreements) and then decide later what they mean. We can’t expect courts to go along with what we wished the document said or what we want the document to say. They are pretty good, though not perfect, when it comes to “calling ‘em right.”
Today’s blog posting is informed by a July 17 Opinion from the North Carolina Court of Justice, Superior Court Division. To see it, click HERE.
Here’s a snippet of common boilerplate, most often found in releases, but commonly found elsewhere in other agreements, whether using these very words or ones very close to them:
… and its predecessors, successors, directors, officers, managers, members, and their respective heirs, executors and designees…
Yes, your list may be different. It may be longer. It may be shorter. But, you have such a list. [Read more…]