http://businesslawstrategy.com/negotiation-and-drafting-principles/when-clarity-is-a-curse-and-vagueness-a-virtue by Jeffrey A. Fromm, Esq. Wed, 18 Aug 2010 15:36:23 +0000 hourly 1 http://wordpress.org/?v=3.0.1 http://businesslawstrategy.com/negotiation-and-drafting-principles/when-clarity-is-a-curse-and-vagueness-a-virtue/comment-page-1#comment-2 Rich Vicenzi Tue, 09 Jan 2007 14:15:30 +0000 http://businesslawinsight.wordpress.com/2006/06/11/when-clarity-is-a-curse-and-vagueness-a-virtue/#comment-2 Excellent points. I would add another occasion when I think vagueness is acceptable: when your client has little negotiating leverage. In those cases vagueness may be the best you can get because if you try and get more clarity in your favor the other side (the one with the negotiating leverage) will use it as an opportunity to clarify the vagueness in its favor. This is particularly the case when you are negotiating off the other side's form agreement and you may benefit from the "ambiguities will be interpreted against the drafter" rule. Excellent points. I would add another occasion when I think vagueness is acceptable: when your client has little negotiating leverage. In those cases vagueness may be the best you can get because if you try and get more clarity in your favor the other side (the one with the negotiating leverage) will use it as an opportunity to clarify the vagueness in its favor. This is particularly the case when you are negotiating off the other side’s form agreement and you may benefit from the “ambiguities will be interpreted against the drafter” rule.

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