Hello,

Could you please help to identify the following questions for this clickwrap contract (link below)? I am not too sure what the instructor is looking for. I have also included the marking criteria from the instructor. Could you please help me to get better understanding for these 2 questions based on her marking criteria?

LAST TWO MARKING CRITERIA:More students than I would like have trouble with the last two Marking Criteria. This is usually because the core concepts of these questions (ambiguityandcontractual interpretation) are not understood. I think these students could have done better if they had engaged in some dialogue before submission.

Ambiguity is different from legalese or technical language. Ambiguity is when a word, phrase, or clause can have different interpretations.For example, if a clause states, "work will be completed according to industry standards," it leaves what 'industry standards' are open to different interpretations.The same could be said of a clause that states, "work will be completed in a reasonable time."What is 'a reasonable time' - a week, a month, three months? Look for "weasel" words and terms, words and phrases that are vague, that don't have an exact meaning, that are subject to subjective interpretation by their very nature. And, for Criterion 5, try to identify an ambiguity that you can work with for thelast Marking Criterion.

For the last Marking Criterion, you must put yourself in the shoes of the court (a judge) who is faced with interpreting an ambiguous clause in a standard form contractabout which the parties disagree.The judge (you) must choose and thenapplythe correct principle/rule/approach for the interpretation of an ambiguous clause in a standard form contract. When you are developing the application (the interpretation) you will probably find it useful to include/present the probable conflicting interpretations of the clause or term of the two parties, followed by the judge's interpretation. That may require you to "imagine" some facts about the party that is not the business, some facts that indicate why they want to have an interpretation that differs from that of the business. Make sure to state that the facts are imaginary.

https://www.spotify.com/us/legal/end-user-agreement/

1. Find a clause in the contract that you think is ambiguous (can be read with two different meanings) or is unclear in its meaning in relation to your rights and responsibilities. Quote it and explain why you have chosen it. For this question, Do you think a good example might be Section 4, paragraph 5 and Section 6, paragraph 2? if yes, could you please quote and explain?
2. What legal principle of contractual interpretation as described in the course text is specifically intended to be sued for these type of standard form contract? Explain the principle an describe how you would you use it to resolve the ambiguity or uncertainty identified in question 5. Explain your answer and provide the interpretation your believe should be used. For this question, imagine you are a judge what would you do for this? please explain? "This question wasnotabout how the ambiguous contractual termshould have beenwritten. It was about how the term should be interpreted." I also got this from the instructor.

Thank you so much for your help!