4 ms·
I’m not a coder but a designer, but I also have some experience in this space. This is also one of those areas where the HN crowd will think, “I’m so much smart
by catillac 6y ago
I’m not a coder but a designer, but I also have some experience in this space. This is also one of those areas where the HN crowd will think, “I’m so much smarter they should just do X isn’t it obvious?” What happens is that clauses are often litigated over and over and the successful evolution of the clauses that survive court battles and arbitration are then used wholesale in future contracts because the law is so settled. So it’s hard to change clauses, even to replace some small things with seemingly equal things (names vs variables in this case) because that opens up cans of worms because the clause is no longer identical to the litigated one. So the efficiency gained by only needing to write your name once is lost in the danger of additional litigation.
One analogy would be to not roll your own crypto. You may think you got it right, but better to just go with the battle tested solution.
This is also one of the many reasons people incorporate in Delaware primarily. The law is settled and doesn’t change, people can rely on it, so they use the clauses that were litigated and have settled meanings for decades.
- Rule35 6y agoYou're not saying that the new idea wouldn't be right, but that there could be complexities the outsider would miss. I don't think anyone would disagree. But variables vs rewritten names (for example) would still be the right idea, it's just that the body of existing work hampers agile changes. The way to deal with this is write the idea down with the blockers and benefits and work to enable it slowly. For instance, forgetting one of the three signatures needed would similarly doom you, so it's not all risk, it's also reward. Almost any consultant deals with this constantly, in any industry.
- ma2rten 6y agoCan you explain why name vs variable would matter? I could totally see this for other seemingly small changes, but name vs variable doesn't change the meaning at all.