On Wed, 1 Oct 2008, Alexander Smith wrote: > Goethe: >> In this case of disagreement between parties (root vs. ais523) then you have >> to >> go to strict impartial logical interpretation etc. > > I thought you were a fan of equity? Besides, this is a case where a dispute > in the meaning of a contract affects something that should be determined > entirely by the rules.
Um, I am. But in the case that an offer of transaction has a range of completely different interpretations by the transacting parties, each with different real effects, one interpretation has to be picked at some stage. Only after it is picked can equity be determined. And equity of course is never perfect; in particular in this case, the result of the vote on this specific proposal was worth the most, and finding a "compensation" that makes up for it (whichever side prevails) is difficult. So that first decision falls to a matter of fact and there will be a loser (who might get an equity consolation prize). -Goethe
