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ARTICLE · 05 DECEMBER 2024

Ambiguity As A Legal Tool: Enhancing Adaptability Without Compromising Integrity

Khurana & Khurana, Advocates and IP Attorneys
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Contractual ambiguity can be strategically utilised in contract drafting and provides parties with strategic tools to navigate uncertainties and achieve balanced outcomes in lieu of changing circumstances.

IndiaCorporate/Commercial Law

Contractual ambiguity can be strategically utilised in contract drafting and provides parties with strategic tools to navigate uncertainties and achieve balanced outcomes in lieu of changing circumstances. This deliberate inclusion of ambiguity leads to flexibility and co-operative problem solving but, in many cases, also leads to fall outs and contractual deadlocks.

This blog delves into the complexities of ambiguity in contract drafting, exploring the challenges that arise owing to such uncertain terms and how they can be strategically used to reflect the parties' intent and aid in commercial transactions. The next blog shifts its focus to the interpretation of ambiguous provisions, highlighting how courts and parties navigate such uncertainties to resolve disputes and ascertain intent.

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