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Editing Contracts/Contra proferentem
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{{DISPLAYTITLE:Contracts/''Contra proferentem''}}{{:Contracts/TOC | {{DISPLAYTITLE:Contracts/''Contra proferentem''}}{{:Contracts/TOC}} | ||
'''''Contra proferentem''''' (Latin: "against [the] offeror"),<ref name="bld">{{cite book|title=[[Black's Law Dictionary]]|edition=9th|editor-last1=Garner|editor-first1=Bryan A.|editor-link1=Bryan A. Garner |first=Henry C. |last=Black |authorlink=Henry Campbell Black |location=St. Paul, MN |publisher=[[West Publishing]] |year=2009 |type=Print. |isbn=0-314-19949-7}}</ref> also known as "interpretation against the draftsman", is a [[Legal doctrine|doctrine]] of [[contract]]ual interpretation providing that, where a promise, agreement or [[contractual term|term]] is [[ambiguity|ambiguous]], the preferred meaning should be the one that works against the interests of the party who provided the wording.<ref name="r2d206">{{cite book|last=American Law Institute|title=Restatement (Second) of Contracts|year=1981|publisher=American Law Institute Publishers|location=St. Paul, Minnesota|volume=2|chapter=The Scope of Contractual Obligations|at=§ 206|ref=harv}}</ref> The doctrine is often applied to situations involving standardized contracts or where the parties are of unequal [[bargaining power]], but is applicable to other cases.<ref>{{harv|American Law Institute|1981|loc=§ 206, cmt. a}}</ref> The doctrine is not, however, directly applicable to situations where the language at issue is mandated by law, as is often the case with [[insurance contract]]s and [[bill of lading|bills of lading]].<ref>{{harv|American Law Institute|1981|loc=§ 206, cmt. b}}</ref> | '''''Contra proferentem''''' (Latin: "against [the] offeror"),<ref name="bld">{{cite book|title=[[Black's Law Dictionary]]|edition=9th|editor-last1=Garner|editor-first1=Bryan A.|editor-link1=Bryan A. Garner |first=Henry C. |last=Black |authorlink=Henry Campbell Black |location=St. Paul, MN |publisher=[[West Publishing]] |year=2009 |type=Print. |isbn=0-314-19949-7}}</ref> also known as "interpretation against the draftsman", is a [[Legal doctrine|doctrine]] of [[contract]]ual interpretation providing that, where a promise, agreement or [[contractual term|term]] is [[ambiguity|ambiguous]], the preferred meaning should be the one that works against the interests of the party who provided the wording.<ref name="r2d206">{{cite book|last=American Law Institute|title=Restatement (Second) of Contracts|year=1981|publisher=American Law Institute Publishers|location=St. Paul, Minnesota|volume=2|chapter=The Scope of Contractual Obligations|at=§ 206|ref=harv}}</ref> The doctrine is often applied to situations involving standardized contracts or where the parties are of unequal [[bargaining power]], but is applicable to other cases.<ref>{{harv|American Law Institute|1981|loc=§ 206, cmt. a}}</ref> The doctrine is not, however, directly applicable to situations where the language at issue is mandated by law, as is often the case with [[insurance contract]]s and [[bill of lading|bills of lading]].<ref>{{harv|American Law Institute|1981|loc=§ 206, cmt. b}}</ref> | ||