Having It Both Ways

/ˈhævɪŋ ɪt boʊθ weɪz/

Definitions

  1. (idiom) A logical or legal inconsistency where a party attempts to benefit from two mutually exclusive positions or rights simultaneously.
    The contract's terms created a situation of having it both ways, allowing the party to avoid liability while retaining benefits.

Forms

  • having it both ways

Commentary

Often cautioned against in legal drafting to avoid contradictory clauses allowing dual benefits or protections contradictory in nature.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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