Contracts that are signed and entered into are not mere pieces of paper to be stamped and embellished to look impressive. They contain important and crucial terms that can have a serious impact on the rights and obligations of a party to the arrangement involved.

Sometimes these clauses may be deliberately requested by one party through sheer foresight. On other occasions, it may be inserted by the person preparing the agreement while relying on another agreement without specific attention on such clause.

Whenever a dispute arises or is about to arise, one party or both parties may scrutinise the contract document to see if there is a clause that it can exploit to its advantage or a clause that will expose it to greater danger or liability. Who asked for the clause to be put in is of little importance at this stage.