Hi,

I am not too sure what the teacher is looking for the following questions. Could you please help me to identify 4 clauses for the first question from the clickwrap contract below (link below)? Also, Could you please help with the 2nd question I have also include the marking criterion from the teacher.

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

Marking criteria from the teacher:

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 1, try to identify an ambiguity that you can work with for thelast Marking Criterion. For question 2 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.

"LOCATING CLAUSES, PARAGRAPHS, ETC.:An important feature of the assignment instructions is the Note that says:

"Your assignment will be returned unmarked if you have not ...referenced the relevant clause or paragraph numbers of the contract in your answer."

So, make sure that every clause/term you discuss and every quotation from the contract that you use in your paper is "located" in a way that facilitates my finding it, with the contract clause title and/or number and the sub-clause title and/or number if applicable. If the clause or sub-clause is long, indicating the clause/sub-clause title/number and the paragraph number can also be helpful."

Questions:

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. Please provide the location of the clause (which paragraph in the contract).
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 and describe how you would you use it to resolve the ambiguity or uncertainty identified in question 1. Explain your answer and provide the interpretation your believe should be used. This question wasnotabout how the ambiguous contractual termshould have beenwritten. It was about how the term should be interpreted.