Re: Hey Gil/Non compete clause/Pravda
in response to
by
posted on
Mar 19, 2009 07:50AM
In my undergraduate work I had to take a couple of courses in business law. That sure as heck doesn't make me an expert but I seem to remember that it was the "written" word in a contract which takes precedence over everything(verbal, innuendo, etc.). Intent is always in play when interpreting a contract, but if the contract is so defective in it's totality, I don't see how the court can establish the full intent of that clause. Even though the court might agree that there was an agreement by EDIG to abstain from competing in something, the language was so garbled, it wasn't clear what the boundaries and limitations ( I borrowed that from Caesar Milan) were....so it was deemed defective. At least that's how I see it.
The issue might be brought up on appeal but the chances are if one judge accurately pointed out it's deficiencies, another would most likely follow suit.
Remember, I don't claim this post as a legal opinion. I was nowhere near a Holiday Inn Express last night.