In a contract, if there is a list where each item in the list is to be upheld, should the word “or” or “and” be used?
For example say there is a lease which aims to prohibit illegal activity in a house. What is the difference between stating:
1) “No illegal activity is permitted in the house, including manufacturing OR selling drugs”
2) “No illegal activity is permitted in the house, including manufacturing AND selling drugs”.
It would seem 2) is more correct as AND is showing the list is being added to, but could someone argue they were only selling drugs in the house, but not making them?
I know this is a bit of a silly example, but I red at the end of the day it’s really what someone can convince the jury of. What if someone really did interpret the contract that way (because they were dumb) then would that hold in court?