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Editing Contracts/Contra proferentem
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''Contra proferentem'' also places the cost of losses on the party who was in the best position to avoid the harm. This is generally the person who drafted the [[contract]]. An example of this is the insurance contract mentioned above, which is a good example of an adhesion contract. There, the insurance company is the party completely in control of the terms of the contract and is generally in a better position to, for example, avoid contractual forfeiture. This is a longstanding principle: see, for example, [[California Civil Code]] §1654 (“In cases of uncertainty ... the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist"), which was enacted in 1872. Numerous other states have also codified the rule. | ''Contra proferentem'' also places the cost of losses on the party who was in the best position to avoid the harm. This is generally the person who drafted the [[contract]]. An example of this is the insurance contract mentioned above, which is a good example of an adhesion contract. There, the insurance company is the party completely in control of the terms of the contract and is generally in a better position to, for example, avoid contractual forfeiture. This is a longstanding principle: see, for example, [[California Civil Code]] §1654 (“In cases of uncertainty ... the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist"), which was enacted in 1872. Numerous other states have also codified the rule. | ||
The principle | The principle has also been codified in international instruments such as the [[UNIDROIT]] Principles and the [[Principles of European Contract Law]]. | ||
== References == | == References == |