Two membership contracts exist. The first one was for an individual which was terminated and the second was for a corporate membership entered into with the individual signing as a corporate officer. They were separated in time by 3 months.The defendant is trying to get a complaint for the Corporate membership removed to arbitration with a clause that was in the individual contract. The motion makes subtle inference (but not explicit statement) that the application was connected to the corporate application which did not contain an arbitration clause. The party certainly does not clearly separate the two.
Tom,Thank you for that additional information.What you are referring to is know as the "four corners" rule or doctrine.Simply stated:Absent ambiguity, the parties’ intentions must be discerned from the four corners of the written document, and extrinsic evidence may not be considered. I hope that I have answered your question. Please let me know if you have more questions or need more information._________________________________________________________________Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”In your example the party opposing removal to arbitration could also put forth the following argument to oppose arbitration that because the first contract contained an arbitration provision and the second one did not it is clear that the parties intentionally chose to not include an arbitration provision.
I may have misled you by saying that "not explicit statement" when I should have said not explicit "connection". The statements were in the four corners of the motion. In other words both membership contracts are discussed and referenced for specific clauses but they are not explicitly connected nor explicitly not connected.Inference of connectivity is simply made by referencing clauses from both of them in the motion.
I am asking about what it is called when a litigant submits an invalid argument or faulty reasoning
How about in opposing the motion ....can I say that the motion is fundamentally flawed or technically flawed or that the arguments are technically/fundamentally flawed and seek rejection on that basis...with examples of the flaws of course....also is there a name or legal "jargon" term for what I am asking?
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