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Version 1: The client shall pay \(\$4{,}500\) (the fee) on or before 7 August 2017. If the fee is not paid by that date, the client shall also pay a late charge of \(\$100\), and the total amount of that late charge shall not exceed \(1\%\) of the \(\$4{,}500\) fee.
Version 2: The client shall pay \(\$4{,}500\) (the fee) on or before 7 August 2017. If the fee is not paid by that date, the client shall pay an additional charge of \(\$100\) for each month in which the fee remains unpaid. The total amount of the fee plus any additional charges will exceed \(1\%\) of the fee.
Select for Problem with Version 1 the statement that most accurately describes a way in which Version 1 is flawed, and select for Problem with Version 2 the statement that most accurately describes a way in which Version 2 is flawed. Make only two selections, one in each column.
It uses the term client in two mutually exclusive ways without acknowledging the difference in meaning
It proposes a definition for a technical term even though that term is irrelevant to the topic it addresses.
It contains requirements that contradict each other.
It uses the words that date without any indication of what date they refer to.
It stipulates a necessarily true but pointless and uninformative condition.
| Text from Passage | Analysis |
| Version 1: "The client shall pay \(\$4{,}500\) (the fee) on or before 7 August 2017." |
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| Version 1: "If the fee is not paid by that date, the client shall also pay a late charge of \(\$100\)" |
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| Version 1: "and the total amount of that late charge shall not exceed 1 percent of the \(\$4{,}500\) fee." |
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| Version 2: "The client shall pay \(\$4{,}500\) (the fee) on or before 7 August 2017." |
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| Version 2: "If the fee is not paid by that date, the client shall pay an additional charge of \(\$100\) for each month in which the fee remains unpaid." |
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| Version 2: "The total amount of the fee plus any additional charges will exceed 1 percent of the fee." |
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Both versions attempt to establish:
The key issue is that each version contains a logical flaw in how it structures the late payment terms.
We need to:
Both parts are asking us to diagnose logical or structural problems in contract language.
The contract states a late charge of \(\$100\), but then says this charge "shall not exceed 1 percent of the \(\$4{,}500\) fee." Since 1% of \(\$4{,}500\) equals \(\$45\), and the late charge is \(\$100\), we have a direct contradiction. The contract simultaneously requires and prohibits a \(\$100\) late charge.
The contract states that "The total amount of the fee plus any additional charges will exceed 1 percent of the fee." Since the fee is \(\$4{,}500\) and 1% of that is \(\$45\), any total that includes the \(\$4{,}500\) fee will obviously exceed \(\$45\). This condition is necessarily true and provides no meaningful information.
Choice 1: "It uses the term client in two mutually exclusive ways without acknowledging the difference in meaning"
Choice 2: "It proposes a definition for a technical term even though that term is irrelevant to the topic it addresses."
Choice 3: "It contains requirements that contradict each other."
Choice 4: "It uses the words that date without any indication of what date they refer to."
Choice 5: "It stipulates a necessarily true but pointless and uninformative condition."
For Problem with Version 1: "It contains requirements that contradict each other."
For Problem with Version 2: "It stipulates a necessarily true but pointless and uninformative condition."
Some students might be tempted by: