Differing views on Legal Wording.

[Felissen]

Hi Guys,

I have a fairly simple question about wording in a contract I've signed as what I think it means compared to the other party that signed it think it means differs. i.e. there is a difference of meaning depending on viewpoint.

The contract states the following;

"£5,300 payable on the first calendar day of the month - 5 months after the commencement of training."

The training start date is January 25th.

I take it to mean payment is due on 1st June or 1st July. My figuring is that you add five months to Jan and get June 25th then round up to 1st July (closer) or back down to 1st June.

The other party (Flight Training Organisation) produced a payment schedule where the payment starts 1st May. When I queried this with them, they figure they include January in the plus five making it 25th May then round down to 1st May.

So from a legal perspective what does the words actually mean the date should be?

Thanks for reading!

 

[Zigner]

Sorry - this forum is for US law matters only.

 

[Felissen]

But regardless of whether it's UK or US the legal meaning will not change.

 

[quincy]

Hi Guys,

I have a fairly simple question about wording in a contract I've signed as what I think it means compared to the other party that signed it think it means differs. i.e. there is a difference of meaning depending on viewpoint.

The contract states the following;

"£5,300 payable on the first calendar day of the month - 5 months after the commencement of training."

The training start date is January 25th.

I take it to mean payment is due on 1st June or 1st July. My figuring is that you add five months to Jan and get June 25th then round up to 1st July (closer) or back down to 1st June.

The other party (Flight Training Organisation) produced a payment schedule where the payment starts 1st May. When I queried this with them, they figure they include January in the plus five making it 25th May then round down to 1st May.

So from a legal perspective what does the words actually mean the date should be?

Thanks for reading!

You are not in the US, are you? We handle US law questions only.

In addition, we cannot on this forum interpret the language of contracts. For the non-attorney members of this forum, that would be practicing law without a license. For the attorney members of this forum, that would violate professional rules and ethical codes. And for all of the members of this forum, it would violate the terms and conditions of this site.

I suggest you have an attorney in your area review the terms of the contract and both you and the other party need to have the same understanding of the wording before the agreement should be signed.

 

[Felissen]

I suppose I should of mentioned that the training will be in Phoenix, Arizona. But if you can't help that is fine I did not know that asking this would be violating the terms and conditions of the site, or know that this would violate professional rules and/or ethics.

 

[quincy]

I suppose I should of mentioned that the training will be in Phoenix, Arizona. But if you can't help that is fine I did not know that asking this would be violating the terms and conditions of the site, or know that this would violate professional rules and/or ethics.

ASKING the question violates nothing. Our trying to interpret the wording for you would.

I suggest that, since the currency is in pounds and not dollars, you have the wording reviewed by an attorney licensed to practice in the UK.

 

[Felissen]

I understand now, thanks for responding so quickly anyway. At least I know what I need to do now!

 

[quincy]

I understand now, thanks for responding so quickly anyway. At least I know what I need to do now!

You're welcome. Good luck.