Monday, February 12, 2007
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