Drafting Skills · glossary

Contra proferentem

An old rule for reading unclear words. Words that stay unclear may be read against the party that relies on them. It is a last resort, so never draft in the hope of it. Chapter 3 · see Ejusdem generis

Explained in Chapter 3, Contract Interpretation: How Courts Read Unclear Wording, of Drafting Skills.

How it comes up, in Chapter 3
Under contra proferentem, words that stay unclear may be read against the party that relies on them. It is a last resort, so never count on it when you draft.
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Related terms

Where this term lives

This term is part of one fictional contract, from term sheet to signing, with every document attached and a test after every chapter. Open Drafting Skills → · All terms A–Z →