Comments on: Sources of Uncertainty in Contract Language http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/ Fri, 12 Mar 2010 19:08:34 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: AdamsDrafting » Blog Archive » Expert Testimony and Ambiguity http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/comment-page-1/#comment-92274 AdamsDrafting » Blog Archive » Expert Testimony and Ambiguity Tue, 16 Jun 2009 23:19:06 +0000 http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/#comment-92274 [...] can be attributed to various sources, only one of them being ambiguity; see MSCD chapter 6 and this blog post. As compared with ambiguity, the other sources of uncertainty—undue generality, inconsistency, [...] [...] can be attributed to various sources, only one of them being ambiguity; see MSCD chapter 6 and this blog post. As compared with ambiguity, the other sources of uncertainty—undue generality, inconsistency, [...]

]]> By: AdamsDrafting » Blog Archive » “Latent Ambiguity” Is a Confusing Concept http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/comment-page-1/#comment-84226 AdamsDrafting » Blog Archive » “Latent Ambiguity” Is a Confusing Concept Mon, 16 Mar 2009 12:57:41 +0000 http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/#comment-84226 [...] 6 of MSCD and this March 2008 blog post discuss generally how courts see ambiguity in all sources of uncertainty in contract [...] [...] 6 of MSCD and this March 2008 blog post discuss generally how courts see ambiguity in all sources of uncertainty in contract [...]

]]> By: AdamsDrafting » Blog Archive » Addressing All Eventualities in Contract Procedures http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/comment-page-1/#comment-83386 AdamsDrafting » Blog Archive » Addressing All Eventualities in Contract Procedures Fri, 06 Mar 2009 01:07:12 +0000 http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/#comment-83386 [...] “ambiguous” too loosely. That’s something I discuss in chapter 6 of MSCD and in this March 2008 blog post. To my mind, the language at issue wasn’t ambiguous—it was just insufficiently [...] [...] “ambiguous” too loosely. That’s something I discuss in chapter 6 of MSCD and in this March 2008 blog post. To my mind, the language at issue wasn’t ambiguous—it was just insufficiently [...]

]]> By: cearta.ie » Interpreting Contracts http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/comment-page-1/#comment-82908 cearta.ie » Interpreting Contracts Fri, 27 Feb 2009 07:41:39 +0000 http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/#comment-82908 [...] is concerned, the background is not admissible in its own terms but because it helps to resolve an uncertainty or ambiguity. However, the trend of the cases (see the speeches of Lord Wilberforce in Prenn v Simmonds [1971] 1 [...] [...] is concerned, the background is not admissible in its own terms but because it helps to resolve an uncertainty or ambiguity. However, the trend of the cases (see the speeches of Lord Wilberforce in Prenn v Simmonds [1971] 1 [...]

]]> By: Ken Adams http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/comment-page-1/#comment-47233 Ken Adams Fri, 14 Mar 2008 16:48:57 +0000 http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/#comment-47233 Wayne: I think I'm done with writing law-review articles, but you shouldn't be surprised if a version of this appears in a periodical aimed at judges. Ken Wayne: I think I’m done with writing law-review articles, but you shouldn’t be surprised if a version of this appears in a periodical aimed at judges. Ken

]]> By: Wayne Schiess http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/comment-page-1/#comment-47227 Wayne Schiess Fri, 14 Mar 2008 16:15:37 +0000 http://www.adamsdrafting.com/2008/03/04/sources-of-uncertainty/#comment-47227 Ken, I like this essay very much. There is a law-review article here. You are absolutely right that "ambiguous" is applied to almost any uncertainty in legal drafting. Careful writers and scholars should be more careful. And although we can almost guarantee that judges will not take heed, you should write an article about this. -Wayne Ken,
I like this essay very much. There is a law-review article here.

You are absolutely right that “ambiguous” is applied to almost any uncertainty in legal drafting. Careful writers and scholars should be more careful. And although we can almost guarantee that judges will not take heed, you should write an article about this.

-Wayne

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