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Message: <blockquote data-quote="Steel_Wind" data-source="post: 8884183" data-attributes="member: 20741">I don't think that it will end up as promissory estoppel, though I appreciate that you can put that lipstick on it and it seems to look bright and red and fits the outline. The problem is, estoppel is weak on the remedy side and uncertain (if not poor) in the context of ongoing commerce. The part(ies) who want to continue to keep using the 1.0a will not want it decided on that basis. There's a poor contractual future when the argument is based on promissory estoppel. So instead, it's a "true construction of the contract" argument, with the evidence replete with reference to evidence of reasonable reliance on a particular interpretation to persuade the court that it's doing the right thing and enforcing an interpretation that the parties all understood to be commercially reasonable.In that sense, it's simply an interpretation of the "plain meaning of the words", and resolving the supposed ambiguity and "true construction of the contract" by reference to how the parties actually conducted themselves over a very long period of time. This has always been held by the court as demonstrative of contractual meaning and intent. There is no better way to understand how the parties treated the wording of the agreement than to look at how they actually conducted themselves under it.If that sounds a little like some tautology b.s. -- that's because, in part, it is. Nevertheless, that's how cases are actually decided in court, in my experience.What is really happening in these cases is not an intellectual contractual analysis that leads to a result; rather, it is an evidentiary presentation that convinces the court as to the just outcome. The court then looks for reasons to justify it.It's not about doctrine, it's about evidence.</blockquote>

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