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Legal Love

If it were up to me
our natural love and affection
would be consideration
enough.

Screw  Beaton v McDivitt
And the Honorable Kirby P
Our promise is anything
but gratuitous.

But I can concede their reasoning
For love is like the battlefield
of the doctrine of Consideration

Commonsense v the Peppercorn
and the peppercorn wins everytime . . .
And people can be unconsciencable

Equity seldom extends its merciful hand
in the Court room of love.


Author notes

So my nerdiness is law. I love law!
The doctrine of Consideration is the commonlaw rule saying a promise is unenforcable as a contract unless something of value is given in exchange.

'natural affaction and love' is a quote from Kirby P's judgement in Beaton v McDivitt which reinforces the precedent that the consideration must be more than a feeling.

The doctrine of consideration is often refered to as lacking commonsense because if you owe someone $1000 and they agree to accept $999 for it that is an unenforcable contract because $999 is clearly unequal to $1000, however if they agree to accept a peppercorn that can be legally binding for judges will not access the adiquacy of consideration, unless it is clearly unequal because it is less in the same medium, however a peppercorn is a different medium so they have no power.

Thus it lacks commonsense, like love.

Equity is a type of contract law that allows actual 'fairness' to influence a judges remedy decision.

So that is my nerdiness, I am a law nerd! I'm also a Dr Who nerd and its spin offs fan, but I wasn't sure an adult rated poem finishing in 'that was pile of dust good!' would appeal to anyone but the most hardcore of torchwood nerds so I decided contract law! Much wider appeal.

It doesn't feel like it flows. Suggestions? How does it feel to you?

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Comments


  • Dienush
    November 6, 2007

    Edit | Reply
    This sounds a bit precious, but with that it makes one think and it's a very good metaphor. I think I understood the message before reading your notes. I really like this, it's different, original.


  • Li snuffles
    October 27, 2007
    Edit | Reply
    wow.. i liked it

    didn't quite understand it.. but it had a nice flow to it

    much talent k8

    ..xo

  • Traitor
    October 22, 2007
    Edit | Reply
    HA HA HA! I love it I love it I love it. Funniness and good points.

    As for the flow, I think the main problem is in the fourth stanza. The emphasis gets placed on different places in the lines then in other stanza's. But that's minute. I barely noticed it.