Answer:
When interpreting an ambiguous and unclear term in a contract, the court will generally construe the term against the party who drafted the contract. This principle is known as the "rule of contra proferentem," which means "against the offeror."
The rationale behind this rule is that the party who drafted the contract is in the best position to avoid ambiguity and clarify any unclear terms. Therefore, if the contract is ambiguous or unclear, the court will interpret the term in a way that is most favorable to the party who did not draft the contract.
However, the rule of contra proferentem is not always applied in all cases. In some situations, the court may consider other factors, such as the context in which the term was used or the intentions of the parties, to determine the meaning of an ambiguous or unclear term. Ultimately, the interpretation of a contract depends on the specific facts and circumstances of the case, as well as the applicable law and legal principles in the jurisdiction.