ABA Section of Business Law
eSource
The Forthright Negotiator Principle and the Legitimate Role of Ambiguity in Contracts.
- When drafting a contract, it's always best to minimize ambiguity, right? As with so much in the law, the answer, it turns out, is a clear "it depends." There has been much recent discussion of the so-called forthright negotiator principle. Some of it seems to misapprehend the principle, suggesting it gives rise to an affirmative duty to eliminate ambiguity. It does not. It is simply one of a number of principles of contract interpretation used by, among others, the Delaware courts.
