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Ambiguity in a contract happens when there is a term, or set of terms, that are not defined, that can be construed to have more than one meaning (hence the ambiguity in the contract). When this happens, the ambiguity is construed against the drafter of the contract since it was the party that drafted the contract. The drafter of the contract had the opportunity to define each of the terms in the contract before presenting it to the other party to execute. The person agreeing to the contract that is not the drafter often does not have the ability to alter the contractual terms or definitions contained in the contract. Further, the drafter of the contract often is the "savvy business person" or "savvy business entity" that use contracts all the time.

To get around this, often a drafter will put a section in the contract that states that each party to the contract assisted in drafting the contract, which will help the drafter make the argument that the potential for an ambiguity being construed against the drafter is eliminated.

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15y ago

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