Posts tagged violin
Unintended Consequences of Business Policies

Sometimes, policies also can backfire and create unintended consequences. For instance, in 2014, the Maryland legislature outlawed the sale of high-proof alcohol, only to find out that it had an impact on the violin repair business.

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Replacing Bow Hair and Contract Provisions

String players may rehair their bows several times a year, because the type, quality, length, and condition of the bow hair impact the sound a violin produces. Sometimes contracts must be amended to replace the original contract language.

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Swapping Violin Bridges and Contract Parties

Despite the bridge’s conspicuous position on the top of the violin and its importance to the sound produced, non-violinists aren’t likely to give it a second glance. The same is true of successors and assigns clauses in contracts. The language isn’t hidden; yet, contracting parties may not even read them before signing the contract.

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The Art of Legal Drafting

The study of law in the U.S. is treated more as a science than as an art. Law school requires that students learn hundreds of legal concepts, much as a musician would learn mechanically how to play an instrument. A good amount of the study of law involves memorization of rules – court rules, equitable maxims, statutes, and regulations.

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A Bill of Sale and Proving Violin Ownership

In the 1960's, Genevieve Veder donated the Duke of Alcantra Strad to UCLA, which loaned the valuable instrument to violinist David Margetts, who lost it. When the instrument surfaced 27 years later,  another violinist claimed that she was the rightful owner because UCLA did not have complete documentation showing its ownership. Documentation showing change of ownership is equally important in real estate transactions. 

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Backdating–When is it Appropriate?

Our son is the fourth generation to play a violin made in the early 20th century by Prague luthier Janek (John) Juzek. When researching Juzek’s history, I found it interesting to read that he backdated the labels in his instruments. They included his own name but a completion date about five years earlier than the actual date the instrument was completed. Backdating violin labels was not uncommon, and it was not illegal. However, backdating legal documents is another matter. Backdating legal documents is frequently permissible. However, under other circumstances, it can be fraudulent or illegal.

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Is Your Letter of Intent Permanent and Binding?

Violins are made from about 70 different pieces of woods, most of which are carefully carved and glued together. Despite the availability of synthetic glues, it is not used on the finer instruments. Fine instruments are glued together with water soluble glue made from animal skin and tendon. Although “hide glue,” as it is known, is strong and serves the purpose of holding the violin together, it is not supposed to be permanent. Letters of intent and term sheets are like hide glue. They are meant to provide a strong framework for a transaction and to serve as an aid in negotiating a final contract. However, they are not intended to be permanent and binding.

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Cybersecurity and Identity Theft–Sometimes it Really Is a Stradivari Violin

Huguette Clark died at the age of 104 in a hospital under a pseudonym, divorced, childless, and a recluse, belying her background. Three years after her death. While cleaning out a closet in one of Huguette’s New York City apartments, someone found a violin bearing the Stradivari label tucked away, untouched for more than 25 years. Reading about Huguette and the one-in-a-million real Strad, I recalled a recent experience in my own life. I received a telephone message no one wants–my bank manager was calling. She said it was important and I should call her as soon as possible.

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Severability Clauses: To Sever, Modify, or Invalidate?

It has been almost half of a century since I first picked up a violin. Yet, I recently started violin lessons again. I realized that I needed to adjust my basic technique–including how I hold the violin. Like small changes in violin technique can create noticeable changes in a performance, overlooked contract provisions can change the meaning of the contract or harm the contracting parties. This article is one of several discussing contract “boilerplate” provisions and why those provisions are important. In this article, we will explore severability clauses.

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Swapping Violins, Pokémon Go, and Trespassers

The conductor asked each first violinist to swap his/her violin with one of the second violinists’ instruments. The conductor then had the students play with the borrowed violins. This raises an interesting legal question: If one of a first violinist’s expensive instruments had been damaged, who would be responsible to pay for the repairs? A similar question currently is in front of courts where real estate owners have brought trespass suits against the developer of Pokémon Go.

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