Contra proferentem - Revision history

Designing Buildings at 05:47, 31 July 2024

2024-07-31T05:47:34Z

← Older revision		Revision as of 05:47, 31 July 2024
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	* Collateral warranty.		* Collateral warranty.
−	* Contract.
	* Contract v tort.		* Contract v tort.
		+	* Exculpatory clause.
	* Ejusdem generis.		* Ejusdem generis.
	* Implied terms.		* Implied terms.

Designing Buildings at 06:50, 17 October 2022

2022-10-17T06:50:11Z

← Older revision		Revision as of 06:50, 17 October 2022
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	Contra proferentem is a particularly important rule of construction in relation to exclusion clauses.		Contra proferentem is a particularly important rule of construction in relation to exclusion clauses.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings =
−		+
−	=== Related articles on Designing Buildings ~~Wiki ==~~=	+

	* Collateral warranty.		* Collateral warranty.

Designing Buildings at 08:59, 1 November 2020

2020-11-01T08:59:37Z

← Older revision		Revision as of 08:59, 1 November 2020
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−
	Contra proferentem is a rule of construction applying to written documents or deeds. The rule provides that if the wording of an agreement is ambiguous or uncertain, but not otherwise, the contract should be construed more strongly against the person whose words they are rather than the other party.		Contra proferentem is a rule of construction applying to written documents or deeds. The rule provides that if the wording of an agreement is ambiguous or uncertain, but not otherwise, the contract should be construed more strongly against the person whose words they are rather than the other party.

−	In the case of John Lee & Son (Grantham) Ltd v Railway Executive (1949) it was found that:	+	In the case of John Lee & Son (Grantham) Ltd v Railway Executive (1949) it was found that:

	'We are presented with two alternative readings of this document and the reading which one should adopt is to be determined, amongst other things, by a consideration of the fact that the defendants put forward the document. They have put forward a clause which is by no means free from obscurity and have contended... that it has a remarkably, if not extravagantly, wide scope and I think that the rule contra proferentem should be applied’		'We are presented with two alternative readings of this document and the reading which one should adopt is to be determined, amongst other things, by a consideration of the fact that the defendants put forward the document. They have put forward a clause which is by no means free from obscurity and have contended... that it has a remarkably, if not extravagantly, wide scope and I think that the rule contra proferentem should be applied’
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Collateral warranty.
−	*Contract.
−	*Contract v tort.
−	*Ejusdem generis.
−	*Implied terms.
−	*Recitals.

−	[[Category:~~Contracts_/_payment~~]]	+	* Collateral warranty.
−	[[Category:Case_law]] [[Category:~~DCN_Case_Law~~]]	+	* Contract.
		+	* Contract v tort.
		+	* Ejusdem generis.
		+	* Implied terms.
		+	* Recitals.
		+
		+	[[Category:DCN_Case_Law]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Case_law]] [[Category:Contracts_/_payment]]

2.28.41.23 at 13:59, 17 June 2013

2013-06-17T13:59:25Z

← Older revision		Revision as of 13:59, 17 June 2013
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	In the case of John Lee & Son (Grantham) Ltd v Railway Executive (1949) it was found that:		In the case of John Lee & Son (Grantham) Ltd v Railway Executive (1949) it was found that:

−	'We are presented with two alternative readings of this document and the reading which one should adopt is to be determined, amongst other things, by a consideration of the fact that the defendants put forward the document. They have put forward a clause which is by no means free from obscurity and have contended... that it has a remarkably, if not extravagantly, wide scope and I ~~thinl~~ that the rule contra proferentem should be applied’	+	'We are presented with two alternative readings of this document and the reading which one should adopt is to be determined, amongst other things, by a consideration of the fact that the defendants put forward the document. They have put forward a clause which is by no means free from obscurity and have contended... that it has a remarkably, if not extravagantly, wide scope and I think that the rule contra proferentem should be applied’

	If a party has incorporated its own standard terms and conditions of trade into an agreement then in the event of ambiguity those terms and conditions will be construed contra proferentem that party. Where however the parties execute standard form contracts, the contra proferentem rule will only operate in respect of amendments or additions to the contract.		If a party has incorporated its own standard terms and conditions of trade into an agreement then in the event of ambiguity those terms and conditions will be construed contra proferentem that party. Where however the parties execute standard form contracts, the contra proferentem rule will only operate in respect of amendments or additions to the contract.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Collateral warranty.	+	*Collateral warranty.
−	*Contract.	+	*Contract.
	*Contract v tort.		*Contract v tort.
	*Ejusdem generis.		*Ejusdem generis.
−	*Implied terms.	+	*Implied terms.
	*Recitals.		*Recitals.

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]
−	[[Category:Case_law]]	+	[[Category:Case_law]] [[Category:DCN_Case_Law]]

Designing Buildings: Created page with " Contra proferentem is a rule of construction applying to written documents or deeds. The rule provides that if the wording of an agreement is ambiguous or uncertain, but not oth..."

2013-06-14T10:00:47Z

Created page with " Contra proferentem is a rule of construction applying to written documents or deeds. The rule provides that if the wording of an agreement is ambiguous or uncertain, but not oth..."

New page

Contra proferentem is a rule of construction applying to written documents or deeds. The rule provides that if the wording of an agreement is ambiguous or uncertain, but not otherwise, the contract should be construed more strongly against the person whose words they are rather than the other party.

In the case of John Lee & Son (Grantham) Ltd v Railway Executive (1949) it was found that:

'We are presented with two alternative readings of this document and the reading which one should adopt is to be determined, amongst other things, by a consideration of the fact that the defendants put forward the document. They have put forward a clause which is by no means free from obscurity and have contended... that it has a remarkably, if not extravagantly, wide scope and I thinl that the rule contra proferentem should be applied’

If a party has incorporated its own standard terms and conditions of trade into an agreement then in the event of ambiguity those terms and conditions will be construed contra proferentem that party. Where however the parties execute standard form contracts, the contra proferentem rule will only operate in respect of amendments or additions to the contract.

Contra proferentem is a particularly important rule of construction in relation to exclusion clauses.

= Find out more =

=== Related articles on Designing Buildings Wiki ===
*Collateral warranty.
*Contract.
*Contract v tort.
*Ejusdem generis.
*Implied terms.
*Recitals.

[[Category:Contracts_/_payment]]
[[Category:Case_law]]