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ARTICLE · 24 JUNE 2013

'Apostrophe-Challenged' Settlement Offer Unenforceable

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Oh, the apostrophe and the confusion it creates.

CanadaCorporate/Commercial Law

Oh, the apostrophe and the confusion it creates. In Florida, so much confusion that it rendered a settlement offer unenforceable because it was crucially ambiguous how many defendants and plaintiffs were contemplated.

In the words of Gross J: 'The offer, entitled "Defendant's Joint Proposal for Settlement" ... appears to have been adopted from a form without sufficient editing; it requires "Plaintiff'(s)" [note the egregious apostrophe before the parenthesis] to execute a stipulation," and "Plaintiff(s)" to "execute a general release of "Defendant(s)." '

There was no way for an offeree to know one way or another who was covered by the proposed settlement, so an informed decision was not possible: Bradshaw v Boynton-JCP Associates Ltd (Fla Dist Ct App, 10 April 2013).

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