Riddle Me This

Home-Court Advantage?

Although I enjoyed the article "The Mighty Pen" (March), I feel it's important that I make one point: While it can certainly be advantageous to be the one to draft a contract, one must keep in mind that courts will generally rule vague points in favor of the party who did not draft the document. So, while one gets more control by drafting a document or contract, he or she also takes on more risks.
-Seth Koster, owner, Perfect Promotionals and Wholesaling in Ann Arbor, Michigan

True. When courts have to make sense of unclear contract provisions, they sometimes turn to so-called rules of construction, such as the one you cited. But remember, this is only one of many such technical rules (applications of which can be contradictory). Regardless, there is a tremendous advantage to preparing your own document, even if you're not an attorney. Your wording gives you the upper hand. Sometimes (but not often) you'll shoot yourself in the foot, but in the beginning at least, you're better off if you're holding the gun.

Like this article? Get this issue right now on iPad, Nook or Kindle Fire.

This article was originally published in the November 2000 print edition of Entrepreneur with the headline: Riddle Me This.

Loading the player ...

3 Keys to Getting Better, More Restful Sleep

Ads by Google

Share Your Thoughts

Connect with Entrepreneur

Most Shared Stories