On Fri, 27 Jun 2008, Alexander Smith wrote: > Goethe: >> I read the ticket 4 times and each time came up with the wording >> BobTHJ intended, not the one you inferred. Even if yours seemed >> a little more natural to you, the good faith and common sense that >> are the cornerstone of equity should have suggested BobTHJ meant >> the other way. -Goethe > Did you read the wording of the ticket in combination with the > wording of the contract? Anyway, this was just showing off, more or > less, I didn't really intend it to permanently distort the Vote > Market, and as I said am willing to try to correct the situation.
Yes. The fact that you felt the need, in the initial attempt, to give a long-winded explanation of your phrase-interpretation, should be prima facie evidence for a judge that you knew that your interpretation wasn't what BobTHJ intended, and you knew that it might not be what the typical contract member would infer, either. Therefore, if both interpretations are semantically within the bounds of reasonable, preference should be given to the good faith intent and context of the offer. Do we really have to treat every contract action as if we were trying to make a wish with a twisted genie? It's really rather tiresome. -G.
