Abstract:

May I help you?

It is the normal, all too common, popular four-word saying that you will hear a billion times. Why? Because help helps, hurt hurts, but when help hurts, help is worst, globally. That is why, Kmindopathy, practice of Kmindology like no other “-logy” (science, not doctrine, not theory), offers help that helps best to protect from help that hurts worst. It helps change comfort zone from worst to best. Why? Because biased sellers’ law infects deals you make with bias.

Introduction:

In his remarks on corporate governance before the Fortune Boardroom Forum, the Citigroup CEO and Chair Sandy I. Weill recently said: “Citigroup and the financial industry should adhere to ‘a higher standard than the law - it's called doing the right thing’.” My mission is exactly that: to help deliver the higher standard (steak that is also the sizzle), not the lower standard (sizzle that is not also the steak), globally. It’s doing the right thing.

Key words:

Help. Hurt. Right. Wrong. Win. Lose. Meeting of Minds. Deals. Disputes. Contracts. No Evidence Based Claims. Preventive Due Diligence. Law Suits. Legal Liabilities.

Resume:

Lalit K. Jain, Esq., Kmindopath, is an attorney at law admitted to practice law in NY State, US Federal Tax and District Courts, US Supreme Court and in India. He is also a Chartered and a Graduate Cost Accountant (India), and a Chartered Secretary (UK). With class ranks equivalent to summa cum laude and professional standings here and abroad, he won national merit scholarships (India) and other awards with distinction in business administration (UK). He conceived of, birthed and nursed Kmindology like no other “-logy” (science, not doctrine, not theory) to help convert costs into savings. His 40+ years of clinical study of Constitutional, Law, Order and Government (CLOG) helped him discover the normal, all too common, and popular Thought Infecting Virus (TIV) infecting us all, globally. Blessed with knowledge and experience of TIV-infected legal, business, accounting and related tax and non-tax world, he helped counsel the author of the soon-to-be-published MiniBook of first and last impression to be titled Basic Natural Justice: Humans Serving Humans. Most omnipotently, he still uses the uncommon resources of your very own “average man” and “common man” with good common sense: the Sixth Sense that help prevent problems that common TIV-infected resources help invent: especially in the every-minute-ever-changing global climate.

In just one visit to www.kmindopathy.com, Kmindopathy helps you open a new world disinfected of TIV: Kmindological Thoughts to reason, form judgments and prevent problems versus Psychological Thoughts to reason, form judgments and invent problems.

Summary:

Today’s biased world of law will make any unbiased (uncommon) views raise eye brows now but not later. Isn’t it better to be safer now than sorry later: never mind the eye brows? That is why, it is never too late to do the right thing, right: the sooner done, the better. Why?

Because now, Kmindopathy helps both vendors and vendees doing their due diligence duties see, recognize, respect and deal with Evidence-Based-Claims (EBC) of products and/or services to help their respondeat superiors not get hurt by No-evidence Based-Claims (NBC). Why?

Because the “bottom line effect” of EBC helps prevent “factual disputes” causing “legal disputes” causing “legal liabilities” that NBC helps invent: precisely in that sequence. Why?

Because “All truth [science] passes through three stages: first, it is ridiculed; second, it is violently opposed; and third, it is accepted as self-evident”, Arthur Schopenhauer, 1788-1860. The now self-evident truth is: Kmindopathy helps vendors and vendees enjoy the Meeting of the Minds (MOMS) on the pros and cons of the two sides of the same deal. Kmindopathy is the practice of Kmindology like no other “-logy” (science). Kmindology is nature’s choice of exact science. It helps exact thinking. Inexact thinking hurts nature’s choice.

Kmindopathy believes in MOMS that helps global outsourcing progress (done right helps costs become savings and worst become best), not congress (done wrong hurts savings become costs and best become worst). It helps both vendors and vendees enjoy MOMS documented without ambiguity, verify both the pros and the cons of the two sides of the same deal, help both sides increase their respective returns without hurting the other and, as a result, help stop the hurt in its tracks. This is doing the right thing, right.

Your challenge lies in helping both sides of the deal document MOMS: unambiguously. Knowing that biased Buyer Beware law makes sellers not liable for what sellers sell but only buyers liable for what buyers buy, no matter what the evidence proves, such biased law must not reverse global outsourcing progress into congress: whether the deal involves expertise, labor control/cost, tax consequences, or whatever else. Why?

Because forewarned is forearmed. In the eyes of law, when the violated don’t tolerate but seek redress instead, then, TIV-infected CLOG makes law and the long arm of law believe that the violators are the violated and, conversely, that the violated are the violators instead. Why?

Because in the eyes of law, tolerance is good and redress is evil. That is why, preventive due diligence (prevention as help to help) avoids inventive due diligence (invention as help to hurt).

The biased legal results of obvious bias in business rule of law regulate global outsourcing. Forearmed with such specific knowledge will help make both buyers and sellers proud of their respective self-enforced duties to the extent MOMS are documented: unambiguously. Why?

Because MOMS documented unambiguously help minimize (even prevent) what MOMS not so documented maximize (even invent), namely: “factual disputes” thus “legal disputes” thus “legal liabilities”, precisely in that sequence. Why?

Because in the eyes of law, the “puffing” rule amounts to each seller’s (but not one buyer’s) privilege to lie his head off. This biased counter-productive legal theory is that no reasonable man would believe him, or that no reasonable man would be influenced by such talk. Even Einstein couldn’t tell you how to lie one’s head off and yet be reasonable? Why such talk?

In at least three leading court Judgments as law under CLOG, courts of law made the all too common sellers’ law “more perfect” to raise eye brows before, during and after a deal, globally.

Kmindopathy now offers help to find the self-evident legal theories (truths) as law Courts’ practical jokes on the global economy via sellers and buyers. They aren’t. Are they?

In 1887, a Court wrote: “The law recognizes the fact that men will naturally overstate the value and qualities of the articles which they have to sell. All men [even buyers] know this, and a buyer has no right to rely upon such statements.”

In 1889, the legendary Justice Holmes wrote: “The rule of law is hardly to be regretted, when it is considered how easily and insensibly [sellers’] words of hope or expectation are converted by an interested [buyer’s] memory into statements of quality or value when the expectation has been disappointed.”

In 1913, the legendary Justice Learned Hand wrote: “There are some kinds of [sales] talk which no sensible man takes seriously, and if he does he suffers from his credulity [gullibility, naïveté, innocence, etc.]. If we were all scrupulously honest [credible], it would not be so; but, as it were, neither party usually believes what the seller says [to the buyer] about his own opinions and each knows it. Such statements [before sale], like the claims of campaign managers before election, are [not] designed to . . . be understood as having any relation to objective truth [sold].”

Kmindopathy helps both sellers and buyers comply with (not violate) this law of the land.

Self-enforced duties with no court involvement are the better cost-effective alternative to the law-enforced rights with court-involvement that are the cost-ineffective traditional culture.

If this preventive (not inventive) bull’s eye guide is not fair and reasonable, then, what is?

Sure, I will be happy to give specific answers to specific questions: now, later or whenever.

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