Contracts/agreements that are neither clear nor concise can lead to costly litigation. When contracts are unambiguous, a court cannot rewrite that contract to make it better or worse for one party. Instead, the court interprets the contract based upon the plain words contained within the document. When that agreement, however, is vague or ambiguous, a court can look at such things as testimony, emails, texts, online postings, letters and other evidence to determine what the parties intended when they entered into the contract. If a court has to figure out the intent of the contract, there will necessarily be some level of uncertainty and expense for the parties to the lawsuit as somebody else (usually a judge) must determine the agreement’s meaning. We strongly suggest contacting an attorney to write/review a proposed contract and are available for consultation in this area.
This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.
Brad Kelsky