Do Words Really Mean What They Say? And/Or Something Else?

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Retail Real Estate Law involves a lot of writing – purchase contracts, leases, loan documents, and so on and so forth. When you finish organizing your sock drawer, you can make your own list. When the “deal” is successful, the words we use probably don’t matter very much – the parties will abide by what they agreed to do in the first place. When the deal goes sour, however, attorneys are hired to scour the documents to find meanings, many of which were never intended in the first place. This isn’t limited to Retail Real Estate Law matters, but that’s no reason not to muse about it.

To list situations where words have been construed out of their context by persons who weren’t there when they were written, might take as long as it would take to make a list of the kinds of legal documents that have words. So, this entry only aims at giving some examples. [Read more…]

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