Sentences with phrase «contra proferentem»

This doctrine is called contra proferentem.

Stewart Title urged that the application judge erred, in turn, by: (i) failing to give effect to the clear meaning of the exception, and in finding ambiguity by looking at the word «paid» in isolation; (ii) «giving no weight to the factual matrix surrounding how the Policy language operates in practice and in its commercial context» when resolving the ambiguity; and (iii) resorting to contra proferentem reasoning before exhausting other methods of contract construction.

First, having found that the meaning of the termination provision was clear when read literally, there was no basis to apply the contra proferentem rule.

Ambiguities in contracts giving rise to two reasonable interpretations, one providing and the other denying coverage, are read contra proferentem and in favor of the insured.

«-RRB-, rather more often in Latin («verba fortius accipiuntur contra proferentem» «ambiguitas contra stipulatorem andambiguitas contra venditorem «-RRB- and always with that measured, assured, and learned tread that marks the best British judgments but somehow leaves you with sweaty palms and a desire to take up agriculture.

Within contract law the Canadian case of Canada Steamship Lines Ltd v R [1952] UKPC 1 on the interpretation of unfair terms contra proferentem, has proved incredibly influential in similar cases across the common law world.

The plaintiffs argued for an interpretation in favour of the insured under the contra proferentem principle.

[10] The appellant also argued that the limitation clause should not apply in this case because it did not expressly name employees and officers of the corporation and was therefore ambiguous and subject to the application of the principle of contra proferentem.

The general principle is that when one party writes a contract, and there is an ambiguity, the ambiguity is interpreted against the interest of the writer (contra proferentem).

[3] The Court also noted that where the language of the policy is ambiguous, the court should resolve the ambiguity in accordance with general rules of contract construction, contra proferentem and the principle that coverage clauses should be construed broadly in favour of the insured and exclusion clauses narrowly against the insurer.

The Court of Appeal declined to reverse the trial judge's decision, holding that contra proferentem was inapplicable where ambiguity can be resolved with reference to the objective factual matrix, and further, that Talius's reliance on the subjective understanding of its representative did not assist in interpreting the contract:

Not exact matches

The Latin word «proferentem» is the accusative case, following the preposition «contra», of the third declension noun «proferens» which word is itself the gerund formed from the present participle of the verb «proferre».