In the course of our varous commercial and contractual dealings, I am sure we will encounter this phrase "Whichever is lower..."
It is usually used to limit the benefits.
However, the other phrase "whichever is higher.....", is not so common.
This is because most, if not all the contracts of commercial dealings are drafted by the suppliers of the benefits and not the recipients of the benefits and so it is necessary to limit the scope of the liabilities to be discharged.
Let's have more absolute measurements and do away with this catch-all phrase so commonly used nowadays.
It is usually used to limit the benefits.
However, the other phrase "whichever is higher.....", is not so common.
This is because most, if not all the contracts of commercial dealings are drafted by the suppliers of the benefits and not the recipients of the benefits and so it is necessary to limit the scope of the liabilities to be discharged.
Let's have more absolute measurements and do away with this catch-all phrase so commonly used nowadays.