Comments on: “Complete and Accurate” http://www.adamsdrafting.com/2008/02/23/complete-and-accurate/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc By: 10803 http://www.adamsdrafting.com/2008/02/23/complete-and-accurate/comment-page-1/#comment-43685 10803 Mon, 25 Feb 2008 13:57:41 +0000 http://www.adamsdrafting.com/2008/02/23/complete-and-accurate/#comment-43685 I also think you're giving parties too much credit. I have no doubt that the first response I would get from the database vendor is "hey, every entry in that database is accurate, it's not my fault something is missing." Sure, I might win at trial, but that's not the goal of a contract, or at least not my goal anyway. My goal is to preempt as many disputes as possible and I don't think being (arguably) technically right on this point is going to further the goal of getting a complete and accurate database without fighting about whether it was complete (with errors) or accurate (with omissions). Also, the two concepts go hand-in-hand in other contexts... Think about 10(b)(5) liability. The securities laws care not only that everything you've said is accurate but that you also haven't failed to disclose anything that would be material (i.e., accurate and complete). I also think you’re giving parties too much credit. I have no doubt that the first response I would get from the database vendor is “hey, every entry in that database is accurate, it’s not my fault something is missing.” Sure, I might win at trial, but that’s not the goal of a contract, or at least not my goal anyway. My goal is to preempt as many disputes as possible and I don’t think being (arguably) technically right on this point is going to further the goal of getting a complete and accurate database without fighting about whether it was complete (with errors) or accurate (with omissions).

Also, the two concepts go hand-in-hand in other contexts… Think about 10(b)(5) liability. The securities laws care not only that everything you’ve said is accurate but that you also haven’t failed to disclose anything that would be material (i.e., accurate and complete).

]]> By: D. C. Toedt http://www.adamsdrafting.com/2008/02/23/complete-and-accurate/comment-page-1/#comment-43520 D. C. Toedt Sat, 23 Feb 2008 17:28:28 +0000 http://www.adamsdrafting.com/2008/02/23/complete-and-accurate/#comment-43520 > <em>When you consider in isolation a given set of data, it’s inconceivable that it could be accurate yet incomplete.</em> At first I thought "that makes sense," but on further reflection I'm not sure <em>accurate</em> is generally understood to encompass <em>complete</em>. Remember the old joke about the balloonist lost in the fog who descends to near-ground level and hollers down to a pedestrian, "where am I?" whereupon the pedestrian shouts back "You're in a balloon." > When you consider in isolation a given set of data, it’s inconceivable that it could be accurate yet incomplete.

At first I thought “that makes sense,” but on further reflection I’m not sure accurate is generally understood to encompass complete. Remember the old joke about the balloonist lost in the fog who descends to near-ground level and hollers down to a pedestrian, “where am I?” whereupon the pedestrian shouts back “You’re in a balloon.”

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