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Fighting over WordsLanguage and Civil Law Cases$
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Roger W. Shuy

Print publication date: 2008

Print ISBN-13: 9780195328837

Published to Oxford Scholarship Online: May 2008

DOI: 10.1093/acprof:oso/9780195328837.001.0001

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Exclusive Marketing Services

Exclusive Marketing Services

Matrixx Marketing v. New Strategies Productions

Chapter:
(p.25) CHAPTER 2 Exclusive Marketing Services
Source:
Fighting over Words
Author(s):

Roger W. Shuy (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195328837.003.0003

A business contract between a marketing services company and a company that sells infomercial products contained an exclusivity rights clause, providing that the sales company “will not contract with any other contractors or service providers for the procurement of comparable services during the term of this agreement.” The dispute was over the meaning of the verb “to contract” and whether it meant that a contract could be made before the last day of the existing contract even though the new work would not start until that contract had ended. Semantic analysis of the verb “contract” along with what the exclusivity agreement did not say, framed the linguistic contribution to this case.

Keywords:   business contract, exclusivity rights, semantic, marketing services, linguistic

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