A contract that has been drafted by one party and foisted on the other party will be interpreted strictly against which party?

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In contract law, particularly within the context of Canadian Hospitality Law, when a contract is drafted by one party and then presented to the other party without an opportunity for meaningful negotiation, this type of contract—often referred to as a "contract of adhesion"—will typically be interpreted strictly against the drafting party. This principle is rooted in the idea of fairness and the concept that the drafting party had greater control over the terms and conditions of the contract.

The reasoning behind this interpretation is that the non-drafting party might not have the same access to resources or legal knowledge to fully understand or negotiate the implications of the contract. Therefore, if there are ambiguities or unclear provisions within the contract, the courts will likely favor the interpretation that is least favorable to the drafting party.

This protective measure is designed to ensure that the interests of the party who had less control in drafting the contract are safeguarded, maintaining an equitable balance where one party is not unjustly favored over the other due to an imbalanced power dynamic in the negotiation process.

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