04-21-2017, 08:56 AM
Cases like this are the reasons legal documents become such monsterous and tedious tomes. Trying to litigate, essentially, every contingency in advance adds frivolous and over-wrought language to legal documents everywhere. It also makes the frictional transaction costs astronomical. It is a trade-off, to some extent, whether to suffer the insane costs up front or to simply expect that there will be inevitable difficulties in executing the principles that have been stipulated between the parties.
These types of issues ought to be nearly boilerplate once the parties have reached agreement at the time of drafting. The ambiguity that has arisen in this case would seem to be caused by sloppy drafting or disingenuous application of the contract's guidance. If it is the former, the dispute could go on for quite a while. If it settles quickly, I would suspect the latter.
These types of issues ought to be nearly boilerplate once the parties have reached agreement at the time of drafting. The ambiguity that has arisen in this case would seem to be caused by sloppy drafting or disingenuous application of the contract's guidance. If it is the former, the dispute could go on for quite a while. If it settles quickly, I would suspect the latter.
"It's not what you don't know that gets you in trouble. It's what you think you know that just isn't so."
Mark Twain
