contract-law
Two &quot;shall not exceed&quot; clauses when computing payment
<p>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".  </p>

<p>For example, let's say I'm to be paid in muffins and the clauses are:</p>

<ul>
<li>The amount of muffins shall not exceed 30.</li>
<li>the amount of muffins shall not exceed half the age of the person receiving the muffins</li>
</ul>

<p>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.</p>

<p>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.</p>

<p>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?</p>

<p>The clauses are not incompatible: if the lower value is satisfied they both are. I can’t see how any dispute can arise over this.</p>
