post two narratives on two issues it finds discussed in the Dutta case|Course hero helper

Each student is responsible to post two narratives on two issues it finds discussed in the Dutta case. The one stated issue in the textbook is “contract ambiguity” and the other the group together or individually must come up with.

Each student must submit an original post which follows the required formatting: Issue 1 repeated; followed by narrative discussing the issue with at least 3 external authoritative sources; followed by the references; then repeat for the second issue.

SOLUTION

Issue 1: Contract Ambiguity in the Dutta Case

The Dutta case involved a dispute over a contract between two parties, where the terms of the contract were disputed due to ambiguity. Ambiguity in a contract can lead to confusion and disputes between the parties involved. In this case, the ambiguity arose from the use of the term “confidential information” and the scope of the non-compete clause in the contract.

According to legal experts, contract ambiguity can be avoided by ensuring that the terms of the contract are clear and specific. It is important to define terms clearly and avoid using vague or undefined terms that could lead to confusion. In a case of ambiguity, the court will interpret the contract in a way that is consistent with the intentions of the parties at the time the contract was signed.

One way to avoid ambiguity is to use plain language in contracts. Legal jargon and complex terminology can create confusion and ambiguity, which can lead to disputes. According to a study by the National Association of Secretaries of State, contracts written in plain language are more likely to be understood and less likely to be disputed in court.

Another way to avoid ambiguity is to ensure that both parties have a clear understanding of the terms of the contract. This can be achieved by providing each party with a copy of the contract and ensuring that they have had the opportunity to review and understand it. In addition, both parties should be encouraged to ask questions and seek clarification if they are unsure about any aspect of the contract.

In conclusion, contract ambiguity can be a significant issue in legal disputes, and it is important to take steps to avoid it. Using plain language, defining terms clearly, and ensuring that both parties have a clear understanding of the terms of the contract can help to avoid ambiguity and prevent disputes.

References:

1. Cornell Law Scho