Legal Question in Consumer Law in California
When there are three agreements - 1. the initial agreement 2. the 1st amended agreement and 3. the 2nd amended agreement - and the 2nd amended agreement refers to the "original terms", must the "original terms" phrase refer to the initial agreed upon terms, or the terms of the 1st amended agreement which replaced the terms of the initial agreement. Thank you in advance!
Asked on 11/29/10, 1:57 pm
2 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
The amended agreement could be too vague or ambiguous to be legally enforceable if it is not clear which "original terms" are being referenced. Usually ambiguities in contracts are construed against the person who drafted them.
Answered on 12/04/10, 2:12 pm
It means what the parties intended it to mean. If they don't know or can't agree, it may not be a valid contract at all.
Answered on 12/08/10, 12:40 pm
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