Fix style in the Litigation Agreement

Aug 6th, 2022
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How to fix style in the Litigation Agreement

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welcome back in this video im going to talk about consent orders and tomlin orders neither of which you may have heard of before but first of all if you are new here please do subscribe and hit the bell icon because that means you get notifications of new videos so first of all its important to understand what an order is in the first place so every time you go to court youre effectively asking the court to make a decision which ultimately means two disputing parties cant agree on a decision between each other so they need the intervention of a third party which in this case is the court which has the authority to adjudicate and make a judicial decision not necessarily as to who is right and who is wrong but what the decisions should be on the given set of facts and law and the dispute at hand so if you think of it as a simple financial or contractual dispute one person may feel like they are owed the return of money by another person for a bad job whereas the other party perhaps a

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Once a trial judge determines that a contract contains an ambiguity meaning the contract or a provision within the contract is susceptible to two or more reasonable interpretations the court will look beyond the language of the contract itself to resolve the ambiguity and enforce the contract.
Mediation is often the quickest and most cost effective option, allowing both parties to maintain a professional relationship. It is also provides a degree of control, in that you often have a say in where and when the mediation sessions occur. Mediation can often a less confrontational method of resolution.
One common example of an ambiguous contract arises when the definition of a word is not clearly defined in the contract. For example, the contract may have a reference to a dollar amount in a Canadian insurance contract. The term dollar may be ambiguous here because it can mean either U.S. dollars or Canadian dollars.
Irreparable harm is a legal term that refers to harm or injury that cannot be adequately compensated or remedied by any monetary award or damages that may be awarded later. Irreparable harm is a necessary requirement for a court to grant a preliminary injunction or temporary restraining order.
The courts always say that an ambiguity in a contract should be resolved in light of the circumstances existing at its formation. Many courts include in the circumstances the negotiations leading to the contract and the parties statements of intention before and when they concluded the contract.
How do you deal with ambiguity and uncertainty in contract terms and conditions? Identify the sources of ambiguity. Use clear and precise language. Seek feedback and verification. Negotiate in good faith. Use written documentation. Seek professional advice.
When an ambiguity is found the courts task turns to identifying and enforcing the parties intent when the contract was made. In doing so, courts should examine the circumstances surrounding the making of the contract as well as its stated or apparent purpose.
Courts may consider external evidence to clarify ambiguous terms. This includes previous communications between parties, industry standards, and common practices. Such evidence helps judges understand the context and intent behind the ambiguous language.

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