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> If there is a 20 email long chain, discussing a clause in a contract, that counts too. What was the intent of both parties? What if the contract includes a s
by inetknght 4y ago
> If there is a 20 email long chain, discussing a clause in a contract, that counts too. What was the intent of both parties?
What if the contract includes a statement: "this agreement consititute the entire agreement between the parties and supersedes, merges, and replaces all prior oral or written agreements, negotiations, offers, representations, etc. with respect to the subject matter. No course of dealing between the parties, no usage of trade, or outside evidence of any nature shall be used to modify, interpret, or supplement blah blahb lahblhbjajk"
Yeah that 20 email chain? The contract specifically says it can't be included in the agreement. Bringing that up was a fun conversation when negotiating the contract...
- b112 4y ago1) What contracts say, and what is allowed are not the same thing. 2) Context counts. Contracts are interpreted documents. What both parties meant in clause 1.3.1, must be interpreted, to be enforced by a court. A 20 long email chain provides context. What did the parties really mean, when they signed?