Originally Posted by
FollowMe
Actually bargaining notes are entirely admissible as witness to intent of language. Often good bargaining notes are more important than the language itself. Not that I don’t agree with many of your overarching points, just needed to clarify.
Of course the downside of bargaining notes is very few people know what they say since they are not in the body of language.
It's always rolling the dice unless it's written in the contract, and that's a huge problem for us. BJ could always make clever arguments against non-contract verbiage. The legal system is not in our favor unless the contract is explicit, leaving no room for interpretation. Trying to win in court will probably be next to impossible with current TA weak language. I'm not even certain that the entire contract doesn't have Remedies sought under arbitration. Section is explicitly arbitration. If the entire TA is implied and executed under arbitration, we might as well forget the idea of it being a "contract" and just call it PEA 2.0. Remember what arbitration got us in 3A. So we need to shoot down TA 1 and make TA 2 bulletproof.
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