A comma can cost a million dollars

Readers can afford to breeze through your content. Can you afford to do the same? The obvious answer is “no,” but even the best writer or marketer does it sooner or later. So, what’s the real line in the sand?

Guiding principle: any time you make an explicit promise it pays to use an expert writer and have it reviewed by qualified legal counsel.

A case in point: A 2006 contract dispute between Canadian cable company Rogers Communications and telephone company Bell Aliant hinged on how the placement of a comma was interpreted. Read one way it meant a contract could be ended with one year’s notice. Read the other way it meant the contract could be ended with five year’s notice. At stake: approximately $2 million.

Here’s the actual contract language in question:
"This agreement shall be effective from the date it is made and shall continue in force for a period of five (5) years from the date it is made, and thereafter for successive five (5) year terms, unless and until terminated by one year prior notice in writing by either party."

How it turned out
On appeal the court ruled that Bell Aliant could not terminate the contract early. Bell Aliant would have saved $2 million if they had been able to terminate early. Regardless of who won the case everyone involved lost. They lost in time, legal fees, and good will. Can you afford to do any of the same with your clients or prospects?

Sources
The New York Times

Slaw—a cooperative Canadian weblog on all things legal

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