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单词 contra proferentem
释义

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.

    〔律〕(合同的解释)不利于提供者

    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'.

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更新时间:2025/6/19 2:27:46