![]() Incorrect information: the details provided are factually wrong, irrelevant, misleading and so on, and likely to cause misunderstanding.Incomplete information: either no details have been provided or key details have been omitted, leading to impossibility of understanding of aspects like intent, response, options and so on.What is Contract Obscurity?Ĭontract obscurity is the characteristic of a legally-binding agreement being difficult to understand. It can be found in language, actions, situations, outcomes and anywhere that an interpretation of meaning is required. The implications of ambiguity and obscurity for contracts.Ĭontract ambiguity is the characteristic of an agreement being open to more than one interpretation.The meaning of ambiguity and obscurity.Whether or not you’ve started on your recession-readiness review of the terms in your key and important contracts, while you’re down in the trenches doing so, it makes sense to find and eliminate any instances of ambiguity in a contract. If that activation trigger never arrives, a contract may operate with misinterpreted intentions and deliver less than expected for its whole term. Early identification and action will also prevent a potential breach of contract. Close review of the offending clause should reveal any ambiguity or obscurity, and it may result in court action to provide the needed clarity if the parties can’t agree on it themselves. Like Burgess and Maclean, Philby or the Rosenbergs, they will lie doggo, hiding in plain sight, until activated.Īctivation may take the form of a dispute about the meaning or intent of a clause. Potential Bad thing #3: is the undetected presence of these evil twins in key and important contracts.Īmbiguity and obscurity in a contract can be likened to the sleeper agents of spydom.The final dimension of fitness for purpose of contracts is concerned with ambiguity and obscurity. The contract recession-readiness check we advocated in our recent Recession Planning and Preparation for Contract Managers ebook is likely to show another knowledge shortfall with respect to contract fitness for cyclic economic difficulties that seem to occur every handful of years. Probable bad thing #2: Recession has arrived in some economies and is expected in most others.The review process revealed the low levels of organisational knowledge about how fit their contracts were for exceptional times. ![]() It had everybody scrambling to find out how the pandemic might affect their contracts. Bad thing #1: COVID-19 arrived out of the blue.Look at what’s happened recently, and is about to happen soon if it hasn’t already: Hopefully this is ‘more honoured in the breach than in the observance’, as Hamlet once noted.īut it could happen for Contract Managers, in the form of the condition of their contracts. He wrote, “If a disciple grumbles, not only aloud but in his heart … his action will not be accepted with favor by God, who sees that he is grumbling in his heart.An old proverb says that bad things come in threes. Benedict considered grumbling a serious offense against community life. (Small wonder that the stressed-out grumblers are two and a half times more susceptible to colds than grateful people, according to Ohio State virologist Ronald Glaser.) In his Rule for monasteries, St. 20:1–16), they bellyache about the unfairness of life, the paucity of their gifts, the insensitivity of their spouse and employer, the liberals who are destroying the church and the conservatives who have deserted their post, the hot weather and the cold pizza, the greedy rich and the shiftless poor, and their victimization at the hands of the IRS, the Immigration and Naturalization Service, and the manufacturers of Viagra. Like the crew of vineyard workers who had labored from dawn to dusk and felt cheated when latecomers received the same wage (Matt. The grumblers live in a state of self-induced stress. “The antithesis of giving thanks is grumbling. ![]()
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