Monday, February 12, 2007

modifier placement and resultant ambiguity

Here's a case about a negotiated settlement provision, the interpretation of which turns on  "a classic case of confusion caused by the placement of a modifier. And we conclude that, as a result of the imprecise structure of the provision, at least two reasonable readings of provision 1 are possible."  The court then moves on to a dissection of high-low settlement offers in an attempt to determine the intent of the parties.   

hat tip:  Jennifer Horn, Texas Tech

(njs)

http://lawprofessors.typepad.com/legalwriting/2007/02/modifier_placem.html

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