This might be even worse than she thought. Many, many contracts include the exact opposite of this clause, i.e., that the section titles are without any effect whatsoever on the actual interpretation of the contract. I never noticed until just now that this is an instance of self-dealing on the part of the attorneys (typically) drafting the contracts! They’re literally saying that if they make a drafting error, in a way that makes the contract harder to understand and use and is in no conceivable way an improvement to the contract, the courts need to assume “well, one common kind of drafting error is putting a clause in the wrong section, probably that’s what happened here” only because the “clauses in wrong section are void” provisions you mentioned are as far as I know literally unheard of!
This might be even worse than she thought. Many, many contracts include the exact opposite of this clause, i.e., that the section titles are without any effect whatsoever on the actual interpretation of the contract. I never noticed until just now that this is an instance of self-dealing on the part of the attorneys (typically) drafting the contracts! They’re literally saying that if they make a drafting error, in a way that makes the contract harder to understand and use and is in no conceivable way an improvement to the contract, the courts need to assume “well, one common kind of drafting error is putting a clause in the wrong section, probably that’s what happened here” only because the “clauses in wrong section are void” provisions you mentioned are as far as I know literally unheard of!