Comments on: The Globe and Mail Revisits the Comma Dispute http://www.adamsdrafting.com/2006/12/29/the-globe-and-mail-revisits-the-comma-dispute/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc By: mike http://www.adamsdrafting.com/2006/12/29/the-globe-and-mail-revisits-the-comma-dispute/comment-page-1/#comment-1755 mike Tue, 02 Jan 2007 16:48:24 +0000 http://www.adamsdrafting.com/2006/12/29/the-globe-and-mail-revisits-the-comma-dispute/#comment-1755 My instinct is that the agreement, under that language, is terminable at any time upon 1 year prior written notice. However, it seems clear from the way the clause is written that that cannot be what was intended. If they meant to have a self-renewing contract terminable upon 1 year notice, why make it 5 year terms? In effect a one year self-renewing contract would arrive at the same result. While I'm usually a stickler for the words are the words are the words, I'd simply construe this against the drafter. My instinct is that the agreement, under that language, is terminable at any time upon 1 year prior written notice. However, it seems clear from the way the clause is written that that cannot be what was intended.

If they meant to have a self-renewing contract terminable upon 1 year notice, why make it 5 year terms? In effect a one year self-renewing contract would arrive at the same result.

While I’m usually a stickler for the words are the words are the words, I’d simply construe this against the drafter.

]]> By: Cheryl Stephens http://www.adamsdrafting.com/2006/12/29/the-globe-and-mail-revisits-the-comma-dispute/comment-page-1/#comment-1667 Cheryl Stephens Sat, 30 Dec 2006 03:41:51 +0000 http://www.adamsdrafting.com/2006/12/29/the-globe-and-mail-revisits-the-comma-dispute/#comment-1667 Punctuation practices differ in Canada and England, so it is inappropriate to consider Ms. Truss as an expert in punctuation in Candian legal writing. For example, her comment about the absence of punctuation in legal is correct concerning British drafting, and perhaps Australian, but wrong about Canadian. Punctuation practices differ in Canada and England, so it is inappropriate to consider Ms. Truss as an expert in punctuation in Candian legal writing. For example, her comment about the absence of punctuation in legal is correct concerning British drafting, and perhaps Australian, but wrong about Canadian.

]]>