We all know what a fact is. A statement based on truth will suffice. Imagine or picture someone saying to another "isn't it a fact" and then making a statement? It requires an answer or the point stands as fact. Fact is where it all ends up but what to do with facts? They have a purpose and a place and that's a a fact!
FACT DRIVEN
In relationships, we don't formalize them by stating fact but we do practice honesty, sincerity and being open and inviting. In that realm, we expect and even nurture what takes place to be based on facts but not stated formally as such. Isn't it a fact that you like me and I like you? This is not necessary but instead, understood and acted or lived out in the acceptable, open and honest ways of the human
GERMANE (pertinent)
Lets bring the word "material" into it. Think relevant and necessary to the cause or case in hand or on point that the reason coming together is based on. This "material" is the foundation to either continue or terminate. It is a pivot point or the core matter of which someone comes to depend & expect to go on
WHATS GOING ON HERE? (literally)
In Real Estate, when you are discussing binding agreements with large amounts of money, we summon into existence without hesitation or further adieu what is necessary to be known the sooner the better too. If one doesn't like what is revealed, there is no reason to further it along. Get to this right away!
DEAL-KILLER?
Furthermore, a material fact when introduced in Real Estate is the basis for many a legal dispute because it wasn't brought up. The standard statement by someone who sues goes like this; I would not have moved forward if I knew this. If the court agrees, then that means a material breach took place
SELL BUT TELL
The core, center or main point or crux of the subject matter is the material for the breach i.e. that one of the parties did not receive the substantial benefit of the bargain or deal. This is linked to disclosure, diligence and qualifies well for a lack of material facting.
LETS SEE IT
Back to relationships. If one wants to build an intimate, rewarding and long-term connection, then it is wise to build it on a honest beginning where what is relevant to starting out a significant interaction is never tabled, but put on the table, in clear view & sight. Continuation past that is considered acceptance
HERE'S A GOOD "TIP" (?)
How about in product purchase or usage? Many products can be used other for what they are intended and the manufacturer has to disclose this fact up front. For a good example, consider the Q-TIP. It is designed to swirl around and about the ear and areas but it also perfectly fits into the ear. Thus the material, must know fact is...DO NOT INSERT IN THE EAR! This relieves the one party from the other
LET THE USER BEWARE
In prescription medicine, lawsuits and deaths have resulted in standard disclosures when actually handing a drug to another for use. The doctor will go on record and verbally instruct and the dispensing party will give in writing all that is known in regards to using the drug. Then, caveat emptor is on user
THE LAST THREE SECONDS
If you have ever listened to pitches on radio or TV, at the very end is a quick, succinct and mandatory disclosure rambled off that while you cannot remember word for word what was said, the courts have deemed it sufficient for you to investigate before going any farther. In other words, it was disclosed. But all I heard was mumbo-jumbo says the innocent party. That is admittance of the point
I NEVER SAW THE PLACE?
In rentals, if there is no handicap access, pets allowed or the residence cannot support more than so many people, this is considered relevant to the person wanting to rent way in advance of putting money down and signing paperwork. In every successful rental contract, it is implied and expressed that the property was seen, visited and inspected. Renting a site unseen doesn't hold up well for a defense btw
ON POINT WITH THIS
If there is something, that is not normal or expected or suspected involving another party which involves personal or professional interaction where a potential harm or damage can result in some way, it must be on the forefront of whatever is taking place and right away for every ones sake
Failing that, the breaching party takes the blunt of it all. Don't attend or be the life of that "party" but instead, don't be a party to it at all
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