Contract Law: From Trust to Promise to Contract (HLS2X) | Introduction | Communication, Agreement, Understanding and Trust

Photo by Andreas Heimann on Unsplash

July 19, 2020 

Contract Law: From Trust to Promise to Contract (HLS2X) 

Introduction | Communication, Agreement, Understanding, and Trust 

Instructor Charles Fried, Beneficial Professor of Law: 

My re-written lecture notes for Introduction, Communication, Agreement, Understanding, and Trust hyperlink:  https://1drv.ms/b/s!Ar6iJPTO61dww1oMP_l8xeRMFBe8?e=NumUbo

We have coordination and, the definition for coordination in the online Merriam-Webster Dictionary is as follows:

1.       the process of organizing people or groups so that they work together properly and well; and

2.       the harmonious functioning of parts for effective results.[1]

 

And, I (Professor Fried) have been discussing thus far in our previous lesson, the coordination through communications in the times of the Greco-Roman era who had enslaved men for their gallery ships; in order for gallery slave to rows oars in a rhythmic coordination through phonic sound communications from the Hortator who is beating on a Roman’s Triremes. In order to synchronizes those galley slaves rowing their oars in the water to either speed up or slowdown from the ship’s Captain communicated grotesque triremes phonetician sounds. However, a coordination can be by ways of subtle clues in communications from languages and sounds similar to the Hortator who is beating on a Triremes; in order to echo phonic sounds that instructed how the galley slaves should row their oars which dictates the galley slaves speed through the water. 

What is inside coordination? 

We are having a discussion in this lesson about voluntary coordinations. Now, let us analyzes, what notions [a conception of] which are triggered by ways of coordination for a moment. And, coordination from notions [a conception of] depends on a number of contributes results or outcomes between two (2) or more parties. 

In order to establish coordinations between parties there must be:

1.       communication,

2.       agreement, and

3.       understanding. 

There are different instruments’ musicians who are playing in a jazz quartet and, those instruments’ musicians must understand his or her music notes from a rhythmic coordination synchronized in sound communications with one (1) another in a jazz quartet together. However, the jazz quartet musicians must want to coordinate with one (1) another in a rhythmic sounds that synchronized communications together. And, the jazz quartet musicians must trust each other in their synchronized coordinated sound communications. 

What is trust? 

A crucial notion of [conception of] coordination which underlies trust, we have discussed, up until now. In our picture image example below, we have a woman who falls backwards from the top of a white block because she had trusted, the man behind her to catch her fall. And, the woman is so sure, the man behind her will catch her fall off the white block, she is willing to risk bodily injuries from her falling backwards; in hope the man behind her will catch her fall off the white block than his Trust is indispensable (absolutely necessary). So, the man trust is indispensable to catch the woman who is falling backwards in our picture image example below. On contrary, our trust is indispensable in any coordinated activities. 

  [2]

Therefore, what do we have remaining from our indispensable trust, if trust fail. We have our coordinated activities to resolve or deal with successfully our communication, agreement and understanding between parties which is a precursor to Contract Law. 

Just for fun, let us look at what the good citizens of Siena did to illustrate, what happens, if Siena citizens did not have good government from the famous painting below by Ambrogio Lorenzetti call, Mal Governo (Bad Government). 

[3]

You will notice in the Mal Governo (Bad Government) by Ambrogio Lorenzetti famous painting above, you will see all kinds of people beating up on each other, and the Siena’s fields are ran to wracks and ruins, the whole Siena province goes to hell from Mal Governo (Bad Government). The above Siena Mal Governo (Bad Government) painting illustration is the opposite of the Siena Buon Governo (Good Government) painting depicted in our previous lesson. However, Siena Buon Governo (Good Government) painting has an underlying good situation when good government has coordinated, resolved, or dealt with successfully their communication, agreement and understanding with one (1) another. 

And, of course, the most famous painting illustrated by Pieter Bruegel is call, the “Tower of Babel” shown below:

 

  [4]

 And, I [Professor Fried] am sure, you all know the story of the Tower of Babel from the Holy Scripture Books. In the above Pieter Bruegel painting of the Tower of Babel depicts, the Babylonian people of Babel were constructing the biggest tower in the world and, their main goals for constructing the tower was to reach God in heaven. And, the Babylonian people goals seemed, just a bit much for God in heaven. So, how were the Babylonian people stop from building their Tower of Babel? The Babylonian people were not stop by ways of a lightening thunderbolt, or another person who came up to them with a whip or gun. No.

 

  [5]

 What God did was, God had caused all Babylonian people to speak in different languages or tongues instead of one (1) language shown above in the second (2^nd) famous painting by Pieter Bruegel. Therefore, the Babylonian people could not understand one (1) another in their language communications, agreements and, when the Babylonian people understanding stop, so did their coordinations and, building project, as depicted in the first (1^st) Pieter Bruegel famous painting shown above of the Babylonian people’s Tower of Babel is half finished.

---

[1] “coordination.” Merriam-Webster.com. 10 Jul 2020.

          https://www.merriam-webster.com/dictionary/coordination.

[2] Teck, Dan. I’ve Got Your Back. 2016. Halfway Up The Mountain,

          https://www.halfwayupthemountain.com/2016/03/30/ive-got-back/trust-fall/.

[3] Lorenzetti, Ambrogio. Bad Government and the Effects of Bad Government on the City Life, Siena. 14^th Century. Possibly Private Held Owner, Unknown. http://www.travelingintuscany.com/art/ambrogiolorenzett.htm.

[4] Bruegel, Pieter. The (Great) Tower of Babel. 1953. Kunst Historiches Museum Wien,

          Vienna.  https://www.khm.at/en/visit/collections/picture-gallery/the-best-of-bruegel-only-in-vienna/.

[5] Bruegel, Pieter. The (Great) Tower of Babel. 1953. Kunst Historiches Museum Wien,

          Vienna.  https://www.khm.at/en/visit/collections/picture-gallery/the-best-of-bruegel-only-in-vienna/