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The Tools of Argument: How the Best Lawyers Think, Argue, and Win by Joel Trachtman

The Tools of Argument: How the Best Lawyers Think, Argue, and Win by Joel Trachtman

Author:Joel Trachtman
Language: eng
Format: mobi, epub
Publisher: Createspace Independent Publishing Platform
Published: 2013-08-13T14:00:00+00:00


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Point: The contract is incomplete insofar as it fails explicitly to allocate responsibility for the situation that has occurred, so we should construct an allocation of responsibility that we believe the parties would have established if they had addressed it.

Counterpoint: Nonsense—let the chips fall where they may. We should let the responsibility that has not been explicitly allocated remain where it falls without intervention. If I had been allocated an additional responsibility, I would have charged you a higher price.



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