I have signed a contract that has two clauses in one paragraph that sets two different upper bounds on a potential payment. Both begin with "shall not exceed".
For example, let's say I'm to be paid in muffins and the clauses are:
- The amount of muffins shall not exceed 30.
- the amount of muffins shall not exceed half the age of the person receiving the muffins
As I am 42 the second clause would hold that the maximum muffins would be 21. In order to conform to both clauses the number of muffins I receive should be 21 or less.
My concern is that there is not a final clause that says to observe the minimum of the first two clauses even though this is the logical consequence of two "shall not exceed" statements.
Is there any case law or precedent which establishes that a contract can have multiple "shall not exceed" bounds without requiring a final "take the minimum" clause?