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How do courts in Kenya handle ambiguous terms in a contract?
When drafting a contract, sometimes terms can be a bit vague or unclear. How do courts in Kenya handle ambiguous terms in a contract?
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Maurice
said:
In Kenya, the interpretation and handling of ambiguous terms in a contract is based on established legal principles and precedents. When a contract contains ambiguous terms, the court's primary objective is to determine the intent of the parties involved.
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Winfred
said:
An ambiguous term in a contract is a term reasonably susceptible to have more than one meaning.When an ambiguity is found, the courts task turns to identifying and enforcing the parties intent when the contract was made.The parties are entirely free to insert into the agreement appropriate language to confront avoidance of ambiguity and if so,that language will be utilized by the court in determining resolution of any ambiguity. The courts also use the rules of interpretation provided for in the statutes and precedents.
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