Interpretation Lecture notes for this topic

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Published on 16 Oct 2011
School
WLU
Department
Business
Course
BU231
Interpretation
Case examples
Burrito not a sandwhich, judge rules
o About 90% breach center on what do the words mean
o Difference of opinion about what they mean
o Mistake in the meaning
Only if can’t decide on meaning
o Court wants to uphold a contract
o Try and uphold the contract whenever we can
o What is the most reasonable meaning
o Set of rules that allow us to pick a meaning
o In this case, exclusivity clause
o Get landlord to promise not to rent to anyone else that does what I do
Is burrito a sandwich?
Judge rules it is not
Beyond legal expertise
Noncompete not violated, and therefore restaurant can stay
Fight looms over OHIP
o McGinty origninally said to taxes
o During the first term, found that OHIP broke
o First had to pay premium
Then took it back
o Introduced tax on employers payroll
Then took that away
o Then brought it back and called it a premium
Didn’t violate no tax rule
Called it a premium instead
About 90 dollars
o Nursing home had 10 year contract that said pay for premium
Used to be 10 dollars
Used the same word
Now have to pay 90 dollars
Union argue have to pay this 90 dollars
Management argued it was a different meaning for premium
Union wins
You left the agreement in the clause long past the original premium
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What does the contract mean
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Document Summary

Burrito not a sandwhich, judge rules: about 90% breach center on what do the words mean, difference of opinion about what they mean, mistake in the meaning. Noncompete not violated, and therefore restaurant can stay. Fight looms over ohip: mcginty origninally said to taxes, during the first term, found that ohip broke, first had to pay premium. Then took that away: then brought it back and called it a premium. About 90 dollars: nursing home had 10 year contract that said pay for premium. Union argue have to pay this 90 dollars. Management argued it was a different meaning for premium. You left the agreement in the clause long past the original premium. Issues still be is the promise that you think they did not fulfill the contract: what rules look to to answer certain questions. What do these parties mean by the word sandwich. When they were negotiating terms of contract: trade usage.