What's the meaning of a "Calling Bird" and does it actually matter?
When singing the Twelve Days of Christmas, most people don’t analyse or think about the meaning of the words. They just sing because it isn’t really that important. A “calling bird” is actually a song bird, but the original song way way back, referred to “Four Colly Birds”. The word “colly” means “black as coal or soot” so the gift was actually four blackbirds (Turdus Merula). But does anyone really care? When it comes to meaning and interpretation, it is important to delve into the detail because things get “lost in translation” or we are just too busy to read what is in front of us.
Being clear when it comes to contracts, negotiations, focusing on meaning and what was actually intended is really important. And as with the “calling bird” most people don’t pay attention to the detail (terms) of a contract until something goes wrong.
Let’s take all the shopping that consumers have done over the last 30 days. According to the Bank of England a typical household in the UK spends over £2,500 each month, but in the run up to Christmas our spending habits change dramatically. A typical household spends over £800 extra in December; on top of that, gifts for family, friends and more money for going out. So as spending increases, does the attention to detail? Do we check the small print? Understanding that the purchases made on line and in high street shops will be governed by contract and consumer law is extremely important. What happens if the toys bought for the little ones do not work properly? What do we do when the clothes ordered online are too big or small? What rights do consumers have if the promise made does not quite meet expectations? Remember that subtle phrase - “Terms and Conditions Apply”. But who reads these “Terms and Conditions” ? For example, the free trial that starts today - how long does it last and why does the supplier need credit card details? What is the cancellation policy and is there a deadline? Boxing Day is traditionally the day for the sales begin, so it is paramount as this spending frenzy begins to be sure what refund policies are. Not every retailer is as generous as John Lewis & Partners.
Whilst the “calling bird” has become something ingrained in the psyche of most British people since the carol was first published in 1780, so many of us do not actually know or understanding the meaning, or will ever actually care. But when it comes to contract terms, do not get caught out, know your rights.