每到圣诞节，这张图就会流传在朋友圈儿，用来取笑律师喜欢把简单的事情搞得很复杂。
当然，要仔细读，从Drafting的角度看的话，上面那个”including but not limited to"可能还有点问题，这可能会导致有人会认为12个月都是Festival period的理解。
你看，一个律师要给你写个仅仅是祝福圣诞快乐，就有多少前提和假设 👇，即使是大过节的，来自律师的祝福都是有限、理性、安全和风险可控的！
All I wanted to say was “Merry Christmas and Happy New Year”…..
As I don’t want to upset anybody in these politically correct times, (one has to cover one’s you know what) I came up with:
From me (“the wishor”) to you (“the wishee”):
Please accept without obligation, implied or implicit, our best wishes for an environmentally conscious, socially responsible, politically correct, low stress, non-addictive, gender neutral, celebration of the summer solstice holiday, practised within the most enjoyable traditions of the religious persuasion of your choice, or secular practices of your choice, with respect for the religious/secular persuasions and/or traditions of others, or their choice not to practice religious or secular traditions at all.
I wish you a financially successful, personally fulfilling and medically uncomplicated recognition of the onset of the generally accepted calendar year 2018, but with due respect for the calendars of choice of other cultures or sects, and having regard to the race, creed, colour, age, physical ability, religious faith, choice of computer platform or se*ual preference of the wishee.
By accepting this greeting you are bound by these terms that:-
* This greeting is subject to further clarification or withdrawal.
* This greeting is freely transferable provided that no alteration shall be made to the original greeting and that the proprietary rights of the wishor are acknowledged.
* This greeting implies no promise by the wishor to actually implement any of the wishes.
* This greeting may not be enforceable in certain jurisdictions and/or the restrictions herein may not be binding upon certain wishes in certain jurisdictions and is revocable at the sole discretion of the wishor.
* This greeting is warranted to perform as reasonably may be expected within the usual application of good tidings, for a period of one year or until the issuance of a subsequent holiday greeting, whichever comes first.
* The wishor warrants this greeting only for the limited replacement of this wish or issuance of a new wish at the sole discretion of the wishor.
* Any references in this greeting to “the Lord”, “Father Christmas”, “Our Saviour”, “Rudolph the red nosed reindeer” or any other festive figures, whether actual or fictitious, dead or alive, shall not imply any endorsement by or from them in respect of this greeting, and all proprietary rights in any referenced third party names and images are hereby acknowledged.
This greeting is made under English Law and all the best subject to disclaimer at the bottom.
Merry Christmas and a happy New Year to you all
Warm Regards,
Yours UncleLeslie
This email and any attachments thereto,are intended only for use by the addressee named herein and contain personal confidential information. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying which amounts to misappropriation of this email and any attachments thereto, is strictly prohibited. If you have received this email in error, please immediately notify me and permanently delete the original and any copy of any email and any printout thereof.
PLEASE NOTE THIS EMAIL DOES NOT CONSTITUTE A BINDING WISH, SHALL NOT FORM THE BASIS FOR AN AGREEMENT BY ESTOPPEL OR OTHERWISE, AND IS CONDITIONED UPON THE RECEIPT OF ALL REQUIRED REGULATORY APPROVALS (INCLUDING BUT NOT LIMITED TO NDRC, MOFCOM AND SAFE) AND ALL OTHER NECESSARY REGULATORY APPROVALS. ANY ACTIONS TAKEN BY YOU IN RELIANCE ON THE TERMS, CONDITIONS OR PRICES SET FORTH IN THIS EMAIL PURSUANT TO THIS EMAIL SHALL BE AT YOUR OWN RISK.
校长在好几年以前在北大讲过一个TEDx，叫交易是如何被搞复杂的，👇。其实，交易不是被律师搞复杂的，复杂的是现实生活，律师只不过是需要在文本里反映这种现实而已。
在一个理想的完美世界里，如果交易都能像下面这个合同里面那么简单，行么？
所以，真不是律师把合同搞复杂的，复杂的人、复杂的商业、复杂的社会、复杂的环境，变化的情势，利益的重大、才是造成合同复杂、客户口中”律师矫情“，文本太长的原因。
祝各位圣诞节快乐！
周末法商学院两个直播，欢迎参加。
周六讲讲JOA和FIA的争议案例及实务发展。
周日讲讲国际商务交易中的股权认购协议和股东协议。
来法商学院，一起交流进步！
www.leslie-ma.com
点击下方“阅读原文”👇，加入社团！