A Lesson in Absurdity.

Print
Print Friendly, PDF & Email

Buy Valium Legally Well, I’ve written more words about the Office Depot case than did the Georgia Court of Appeals. What case? – read the posts of July 25 and 28.

https://gloriag.com.ar/4sc92bwa38l So, this time, I’ll start with the Court’s words themselves: “At base, Office Depot argues that any breach violation – no matter how wrong or far fetched – triggers the termination right.”

https://www.greenlifestylemarket.com/2022/11/17/hjbql6b7nef

https://pastiebap.com/site-news/st6m6dv What did the Lease say? This is what it said:

https://www.bobbimccormick.com/lxqg1chu

Breach of Landlord’s Leasing Covenant. In the event Landlord violates “Landlord’s Leasing Covenant” [the exclusive-use provision], Tenant shall have the right beginning sixty (60) days following written notice alleging such violation . to pay Alternative Rent . until such time as landlord cures such violation. If landlord fails to commence and diligently pursue a judicial action to contest Tenant’s assertion of such a violation within six (6) months of such assertion, then in addition to its other rights at law or in equity, Tenant may terminate this Lease by delivering written notice of such election to Landlord.

https://www.angelinvestmentnetwork.net/5n120wkq

https://thebirthhour.com/x849vi0bmsq The landlord did not bring a legal action within six months after the “ Buy Diazepam India ALLEGATION.” Yes, that’s what the clause says, and that’s how Office Depot wanted to read it. Even though there was no breach (that’s what the earlier posts will tell you, and at this point Office Depot had to concede that there had been no breach), Office Depot pushed ahead. According to it, breach or not, “we alleged a breach – you, our landlord, didn’t sue anyone – we get to terminate our lease.” The argument was that an actual breach gave it a right to pay Alternative Rent, and the landlord’s failure to pursue legal action gave it a second, separate remedy, that of termination.

https://missafricausa.org/0s2y34yg5a

We can’t say it better than did the Court: “A contract, however, must be read reasonably, in its entirety, and in a way that does not lead to an absurd result. … The construction suggested by Office Depot brings the termination right into play regardless of the merit or absurdity of the breach claim. [The lease provision] cannot be reasonably construed in this manner. … Simply put, the termination right does not arise if there is no breach.”

Buy Valium In Usa

Buy Diazepam Tablets Uk Lambast, if you will, the litigation team that put this argument forward. But, let’s ask ourselves, who was really at fault for this waste of time and money? My answer – the people who drafted this lease. Did their eyes glaze over the termination right because it “kind of like” sounded like many similar clauses they had seen before? I fault Office Depot for writing its “remedy” provision in that fashion and thinking it would gain “flexibility” or a “bargaining position” if and when the time ever came. Even more, I fault the landlord’s team for failing to pay attention to the words. They wasted the landlord’s money by allowing a situation wherein the landlord had to argue that, even though it signed the lease with that language in it, it couldn’t possibly mean what it said.

https://pastiebap.com/site-news/y0bg0ejovu

Buy Soma Uk Next time, we’ll continue with: Do Words Really Mean What They Say? We are not, however, going to beat an Office Depot (horse) to death.

https://thebirthhour.com/dbyyn92vuoz
Print

Comments

  1. Ira, nice post and analysis. But who’s the guy in the picture?

    Cheap Generic Valium

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

https://care4needycopts.org/83mpeg3c