When ascertaining the meaning of a contract, a court will first have regard to its wording. The wording must be considered in the context or factual matrix in which the contract was concluded. That is so even if, on the face of it, the words are clear. Where the words are ambiguous or lack clarity, that is a stronger reason to look at the background circumstances.

But if the terms of a contract are so vague and incoherent that they are incapable of sensible construction then the contract will be regarded as void for vagueness.

The court in Bath v Bath declared an antenuptial contract void because important clauses were so contradictory and incoherent that the true intention of the parties could not be ascertained. Such a finding is rare but always possible with rotten drafting.