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  • From: Clansgian AT wmconnect.com
  • To: homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] Bona Fide
  • Date: Mon, 26 Apr 2010 14:59:10 EDT



> >Long story not so short <g> yeah, there are circumstances that can make
> a
> deal not a deal. Rare but they do occur.

I don't really think that qualifies as an exception.

Both legally and in the honorable culture there are things you know
demonstrably and things which a reasonalbe person ought to know and it
amounts to
no odds. The legal term is "construct knowledge" as opposed to "actual
knowledge".

That is, the prospective horse buyer should know (it is reasonable to know,
she had "construct knowledge) that you or anyone else would not sell a
horse to an abusive owner. She did not act in good faith. Since she did not
act in good faith, there is no agreement and no deal.

We might take that to a level of more seriousness. You agree to take your
neighbor to town since he has no vehicle. You would not agree to this
capriciously because you know he might be depending on you. You gave your
word
and you intend on making good on it. Then you find out that he is carring
drugs to town to sell them.

Are you obliged to take him anyway because you gave your word? Absolutely
not! He did not act toward you in good faith. The unspoken but construct
circumstances are that he is engaging in benign operations and is in no way
bringing you or your vehicle into harm or compromise. You don't have to say
it out loud.

It's another one of those concepts you were raised around and it's a part
of your culture or it isn't .... good faith. In Latin, of course, that's
"bona fide".</HTML>



  • Re: [Homestead] Bona Fide, Clansgian, 04/26/2010

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