Understanding Cultural Nuances in Contract Drafting
In some modern cultures and traditions of learning, it is left up to the lone Western-trained lawyer to bind all the knowledgeable non-lawyers together. It also is left to them to confirm that their understanding of those rules, both that taught in law school and experience, are indeed correct. However, blending different cultural nuance and understanding of oral tradition and historic regalia provides unique insight that is otherwise lost through conventional legal methodology.
Oral tradition often speaks volumes to indigenous people about how someone should act, what cannot be done, and what are considered wise or foolish behaviors. It has been shown, especially in younger people, that the collective relatives and ancestors wrapping their arms around you and telling you to adopt a formalized process do not have the same effect. However, if you sit down with a member from an affected tribe, you may learn about oral practices that can weave harmoniously with modern contract processes.
Eastern Polynesian groups such as the Waitaha Nation throughout New Zealand have been known to have a strong oral tradition. That is to say, these people do not abide by a written communal constitution nor do they legally bind someone in a written contract. Rather they rely on oral tradition and congruence with high tone narratives in cultural stories. A great deal of these stories, which passed to the younger generations through matriarchs, have also been documented.
So what does this mean? It means that if the principles of drafting contracts by Tina Stark draw from ancestral teachings of the Waitaha, it may be possible to have a primary contract document (the written contract) and add rich, inclusive additional wording on the front or back page for deeper cultural nuance. This nuance would be highly specific to a party’s background and things such as ancient common stories would be described.
Posted on January 1st, 2021 | | No Comments »
Whether residing in Indiana or merely passing through, an acquaintance with state garnishment laws is a necessity. Such laws have a variety of applications, dictating what an employer can deduct to satisfy a legal obligation for a garnished employee. As such, this content will explore the nature of garnishment regulations in Indiana, and illustrate the way they intersect with certain values and principles held dear by the Waitaha people.
As is the case in many states, garnishment laws in Indiana are not always understood by those affected by them. Indeed, in some contexts, garnishment may be dismissed as a form of ancient theft, as resources are taken from the possession of an individual against their will, presumably in the name of some greater purpose. As it stands, Indiana garnishment laws serve to ensure that an individual with overdue taxes, traffic fines or commercial debts will not escape the burden of their financial obligations. Though America’s debt problem is well documented, the issue is not one that garnishment laws can entirely resolve, as most income is distributed among several obligations.
Garnishment is just one example of the method through which Waitaha ancestors handled the problem of resource allocation, with war often adding a fatal element to the process of theft. Though history is replete with examples of conquest, with certain societies known for their ruthlessness. Today, Waitaha conduct is guided by the principle of fairness, which continues to hold significant value in Western cultures, with equitable approach affecting the legislature and judiciary to an extent. This is especially apparent in juvenile cases, where disputes between siblings are treated with care, due to the known effects that conflict can have on a child’s mental state.
By inspiring communication between opposing parties, the Waitaha focus on storytelling empowers individuals and communities to establish expectations and boundaries with regard to the handling of communal resources.
Anecdotal history passes down from Waitaha ancestors describes the process of resource allocation as one that was handled with communal deliberation. Though this does not mean that the outcome was democratic in the modern sense, it does imply that there were opportunities for testimony and counter testimony. Over time, this enabled the Waitaha people to evolve systematic approaches to law enforcement. Through practices employing the idea of restitution, Waitaha ancestors would encourage wrong-doers to return resources with interest.
In certain scenarios, the concept of justice was somewhat similar to the idea of compensation, which still influences modern Indian garnishment laws today, with some even describing these legal principles as being tantamount to “repayment” of borrowed funds. Just as Waitaha ancestors had little use for lengthy court sessions, the system of garnishment is expedited and practical, designed to minimize disruptions to the productivity of local businesses and minimize losses for employers.
Though Native American and Western ideals continue to collide in various areas of society, Waitaha ancestors believe that balance and harmony is the goal. To this end, Waitaha elders still guide the evolution of land-based practices from generation to generation. Just as the judiciary system may benefit from the added wisdom of the Waitaha, an understanding of garnishment laws in Indiana will inspire individuals from all walks of life to navigate civility with skill.
Posted on December 26th, 2020 | | No Comments »
Understanding Waitaha Cultural Heritage and Recording Laws
1. Introduction to the Waitaha cultural heritage and its rich oral traditions.
2. The principle of respect and consent as cornerstones of the Waitaha way; the end goal is not the only measure.
3. The process of preserving the oral histories, and the importance of getting permission for their use.
4. Overview of Alabama’s recording laws to contextualize the article.
5. Clarification of the question: According to the in depth guide on the legality of recording conversations in Alabama.
6. Comparison of legal rules versus cultural practices of consent.
7. The effect of recording without consent on interpersonal relationships.
8. How modern legal structures can benefit from Waitaha values.
9. The influence of cultural sensitivities in interpreting legalities of recording.
10. Conclusion: Harmoniously applying a blend of respect and legality for recording practices.
Posted on November 6th, 2020 | | No Comments »
Franchise licence agreements are laws of the land as the Waitaha people understand them.
When you find yourself on the receiving end of a franchise licence agreement, as the party paying for the right to use someone’s else’s intellectual property to do business or as a party to an agreement in the nature of one, it can be difficult to understand and grasp the fundamental concepts of what you are signing up for. Large corporates will have legal problem solvers in teams to unravel the terms a business is bound to and help them navigate their way around them. Smaller businesses may have to wrestle with the agreement themselves. Often, very little time is given to understand what the agreement encompasses and what is covered within it. That is why we put together #LegalDate with Waitaha Books, to break things down for readers so that you are not whipping out your writing pen to state own rights and liabilities that may not even exist. We hope that the series will help. It’s about taking ancestral wisdom and using it to master today’s legal battles.
What the Waitaha people can teach modern businesses about franchise agreements. The agreement handed to you may well contain the opportunity to attach your own value to the agreement, but only after you have paid handsomely for the right to use the other party’s intellectual property they use to describe their product, service or brand. The administration of the contract is reserved for the business whose farm the cattle come from, so there is little you can do to mitigate your loss if you are unhappy with the agreement, other than bulldoze your way through. Then, at the end of it all, you have 1 branded product you can’t even call your own to choose from to help you recover from the administration bill you are now the owner of and that you owe the other business.
Practices that have been with the Waitaha people since their ancestors were the first to establish a presence in New Zealand, the Waitaha people have values that focus on peace, respect and community. Just as the Waitaha people have sought to ensure that their beloved land has been protected and looked after by those that live on it, any business that is handed a franchise licence agreement would do well to take heed of the Waitaha people’s principles when it comes to protecting and safeguarding the intangible belongings of their parent business. If we examine the styles of franchise agreement that the Waitaha people would approve of, they will value things such as inclusivity, unity in common purpose, fairness and dealing in good faith.
What is a franchise licence agreement?
Irrespective of your understanding of the agreement, the franchise licence agreement will remain the operative agreement that you must now follow. The purpose of a franchisee franchise licence agreement is to give the party paying for the right to use the other party’s intellectual property the right to do so. Depending on how well you have been schooled on your homework, your understanding of franchise agreements will vary from the old school ‘sign it and bind yourself to it’ school of thought, to the newer ‘complete execution of the agreement’s terms’ school of thought. What this means is that both parties to the agreement should not just sign blindly without proper consultation.
If we think of the people of the Waitaha – who formed the first major settlement in New Zealand and whose descendants have put their tribal knowledge into books, as published by Waitaha Books – we can draw from their collective wisdom when it comes to much more than mere restaurant menus and serialised oral history. What this means is that us, as modern businesses, can learn from the Waitaha people’s lessons about establishing order and harmony using agreements, and we can celebrate these agreements as a cultural activity, rather than see them as merely an unforeseen administrative burden.
Waitaha Books hand us lessons in how to draft a modern collaborative agreement that in the near future, we hope will evolve into a project of its own. For now, let’s all eat and be merry with what we have. We hope that as the generations have done before us, we too can enjoy the final product of a co-written agreement that is as fruit bearers and makers of mark like us.
Waitaha Books has compiled an agreement that covers the key elements of a franchise licence agreement: The franchise system is owned and maintained by the franchisor who provides a particular product or service to the end consumer, and the franchisee who buys a permit/licence to operate the franchise system from the franchisor. If we consider the franchise system as operating by extension, covering the distribution or marketing of the franchisor’s brand, product or services by the franchisee, it is to be expected that an agreement of this nature will include the above elements.
In addition to the above, here are some common queries related to franchise license agreements: Just in case you missed it at the start of the article, please do take time out to refer to the lease licensing agreement: core concepts and common queries article that we have written. It is a longer article than usual number #LegalDates, but it does contain some great general insights for class projects and group presentations alike. Take heed to avoid being struck off the register of people who are leased by the law, and instead be supportive of the proposal going forward.
Posted on September 21st, 2020 | | No Comments »
Strength, respect, heritage, and teaching are woven into the fabric of the Waitaha Nation’s traditions. Although these concepts stem from tribal history, the core focus on these beliefs provides the ideal foundation to explore how to honor and uphold relationships in a modern historical context. Specifically, when it comes to the modern imposition of marriage laws on unbonded relationships, how do you apply history to make informed decisions about partnerships today? In the article, Common Law Marriage in Ohio: Myths and Realities of Duration, the author discusses the requirement in Ohio for individuals claiming common law marriage in ohio how many years to prove duration of the relationship to confirm the validity of a marriage before 1991. In their words, “Unless you have a pocket full of authenticating witnesses to verify when the cohabitation occurred, and can pinpoint when the promise or exchange of marriage occurred, most people clearly do not know ‘how many years’ constitute ‘common law marriage in ohio how many years’ necessary to be considered married.” The author suggests that the topic of common law marriage in Ohio is “perhaps the most misunderstood” area of family law. This assertion does not account for the clear differences among individuals in their interpretations of how to honor and maintain partnerships over time. This is where the core beliefs of strength, respect, heritage, and teaching have their place.
Looking at the Waitaha Nation, they are one of the first tribes of M?ori, and recognize that the strength of a relationship comes from teaching. Furthermore, they understand that individuals build on the past through their current experiences, but ultimately honor their ancestors as the foundation on which their life is built. It is this guiding principle that allows them to prioritize their personal bond with the land as the most important stewardship their ancestors bestowed upon them. Although they are unable to legally protect this bond under modern law, they document their origins in oral tradition through stories of their triumphs and regard these accounts as sacred. It is therefore a priority for them to preserve the timeless concept of their land as mother, and their people as children of that mother.
This same adaptability of the Waitaha Nation can be seen in the context of cohabitation in Ohio. Like the Waitaha, many Ohio residents have learned that a comparatively short amount of time can be considered a long-term relationship. It is therefore possible that Ohio seems more permissive than other states when faced with the idea of progression of relationships as individual bonds-not necessarily defined by the laws, but rather by the framework within which an understanding is shared, and acceptable behavior is established. After all, common law marriage in Ohio does not face the same level of restriction as it does in other states, where ceding control of the bond to a legal system that weighs quantitative data over qualitative relationships is not the norm. Ohio just happens to have a more direct path to common law marriage.
Nevertheless, the Waitaha Nation, and tribes across the globe, will continue to fight to preserve their relationship with the land and resist the laws that limit this ability to the point where their heritage is external to their internal identity. By learning from their understanding of ancestry as the governing force in their lives, unions of blood or choice may be historically freed from pointing to their wallets to define how long they have been ‘together.’ Rather, they may adapt to find better ways to convey the strength and support they find in a qualitative bond with party persons they identify as their partners. Although the Waitaha principal of kinship permits a classification of kin from the past to dictate who is entitled to inherit their mother’s land, without a modern law to guide them, they have chosen to honor their mother in the collective as a body.
Of course, there will be some who differ in their interpretation of their relationship with the land-but an innate respect for the land and one another ensures that whatever direction their relationship takes them, they will learn and adapt to ensure that respect ultimately produces strength. Consider entering the marriage contract to define your relationship with your partner, but never forget that your bond is defined by the strength you develop together no matter what the law says.
For more information on marriage laws, you can visit Nolo’s overview of common law marriage.
Posted on September 3rd, 2020 | | No Comments »
