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Crime and Fidelity Loss Report BCN Unr Form

Crime and Fidelity Loss Report BCN Unr Form

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What makes a contract unenforceable? One answer is vague or uncertain terms that make it impossible for the court to determine what the parties actually committed themselves to. The Second Circuit considered whether an escalation clause in a license agreement for radio-listener data was impenetrably vague in Arbitron versus Tralyn Broadcasting. Consumer research company Arbitron entered a license agreement with Tralyn Broadcasting, allowing the only Tralyn radio station in a designated market to use listener data from Arbitron in exchange for a monthly fee. Under the agreement’s escalation clause, Arbitron could increase the monthly licensing fee if Tralyn or its successor ever purchased or otherwise started controlling other radio stations in the same market. The assumption behind the escalation clause was that Arbitron’s data would be shared with these other radio stations. In October of 1999, Tralyn was purchased by a company called JMD, which already controlled a handful of oth

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