@#%$ wording question

[teejaydee]

My contract comprises two documents – an Agreement and a Schedule. This seems to be standard practice. However, does anyone have knowledge of which of these two documents takes precedence should there be some difference in the terms contained therein?

In my case the Agreement states the agent can give notice to terminate the contract “the length of such notice being that specified in the Schedule”. In the Schedule the wording is “Contract Termination Period – One month in writing from either party”. In other words the Agreement states that only the agent may give notice, whereas the Schedule states that either I or the agent may give notice. When the contract was first drawn up there was no mention of the possibility of me giving notice. I asked for this to be added and it was, but only to the Schedule.

As it is the Schedule which contains specific details of contract start dates, rate of pay, etc. and is the document that is signed by both parties, I presume this document takes precedence over the Agreement, which is more a generic contract document.

Any advice would be gratefully accepted.

[iakobski]

The schedule takes precedence.

probably

(IANAL)

[planetit]

In other words the Agreement states that only the agent may give notice, whereas the Schedule states that either I or the agent may give notice

No, the agreement states that the agent may give notice (doesn't mention whether you can) The schedule states that the agent can give notice, and so can you. I don't see a contradiction here.

[ASB]

Wording

There should be a clause in the contract which defines how variances are agreed, the contract may also make reference to the shedule.

The schedule should also reference the contract and any specific clauses it varies. The schedule should generally take precedence, as it is the later document.

The particular details you mention about notice are in no way contradictory. It is giving you an additional right to cancell