Definition of contra proferentem in English:
contra proferentem
adverb ˌkɒntrə prɒfəˈrɛntɛm
Law (of the interpretation of an ambiguous contract) against the party which proposed or drafted the contract or clause.
Example sentencesExamples
- The Court ruled, for the first time in this state, that the rule of contra proferentem is to be used only as a last resort, if the jury cannot resolve the conflict by the use of extrinsic evidence.
- As an initial matter, the court noted that the district court's reasoning was ‘plausible,’ but it found the wind deductible to be ambiguous and applied contra proferentem under Texas law.
- Faced with two reasonable contract interpretations, the Court then looked to the rule of contra proferentem for guidance on who should bear the risk of these ambiguities.
- Therefore, apart from the patent ambiguity exception, a contractor must satisfy the above conditions before the general rule of contra proferentem will apply.
- But when plan language is ambiguous, this well-established doctrine of contra proferentem does apply, and for good reason.
Origin
Latin, 'against (the person) mentioning'.