"Coming to terms" is a common expression which implies that an agreement has been reached between two or more persons or parties. These terms, if written, are called contracts, covenants, and sometimes testaments.
The verb "implies" is used, because some agreements lack voluntariness, being forced on or coerced upon the other by law, custom, or other constraints. Disproportionate bargaining power is often involved here, as involves sharp practices, usury, or sometimes fraud or illiteracy.
Or, if "voluntary," the parties may have made a "mutual mistake" as to the meaning of certain material terms in their contract, where the same word means different things, to each, like the material term, "chicken." A famous lawsuit, involved whether a delivery of guinea fowl was indeed a "chicken" to buyers, or was a mutual mistake sufficient to void the contract's terms?
So "coming to terms" whether an international treaty, marital vows, commercial transactions, or religious doctrines assumes that you understand and that you consent to the terms in good faith. If you do not, do not sign!
The more "terms" there are, the more possibilities there are to err.
Saturday, May 16, 2015
COMING TO TERMS
COMING TO TERMS
"Coming to terms" is a common expression which implies that an agreement has been reached between two or more persons or parties. These terms, if written, are called contracts, covenants, and sometimes testaments.
The verb "implies" is used, because some agreements lack voluntariness, being forced on or coerced upon the other by law, custom, or other constraints. Disproportionate bargaining power is often involved here, as involves sharp practices, usury, or sometimes fraud or illiteracy.
Or, if "voluntary," the parties may have made a "mutual mistake" as to the meaning of certain material terms in their contract, where the same word means different things, to each, like the material term, "chicken." A famous lawsuit, involved whether a delivery of guinea fowl was indeed a "chicken" to buyers, or was a mutual mistake sufficient to void the contract's terms?
So "coming to terms" whether an international treaty, marital vows, commercial transactions, or religious doctrines assumes that you understand and that you consent to the terms in good faith. If you do not, do not sign!
The more "terms" there are, the more possibilities there are to err.
"Coming to terms" is a common expression which implies that an agreement has been reached between two or more persons or parties. These terms, if written, are called contracts, covenants, and sometimes testaments.
The verb "implies" is used, because some agreements lack voluntariness, being forced on or coerced upon the other by law, custom, or other constraints. Disproportionate bargaining power is often involved here, as involves sharp practices, usury, or sometimes fraud or illiteracy.
Or, if "voluntary," the parties may have made a "mutual mistake" as to the meaning of certain material terms in their contract, where the same word means different things, to each, like the material term, "chicken." A famous lawsuit, involved whether a delivery of guinea fowl was indeed a "chicken" to buyers, or was a mutual mistake sufficient to void the contract's terms?
So "coming to terms" whether an international treaty, marital vows, commercial transactions, or religious doctrines assumes that you understand and that you consent to the terms in good faith. If you do not, do not sign!
The more "terms" there are, the more possibilities there are to err.