| Commentary

30.1 Introduction

| Commentary

30: CONTRA PROFERENTEM

(For a contra proferentem clause see Form 30.1 [1474] below.)

30.1 Introduction

The ‘contra proferentem’ rule is a common law rule, which provides that unclear contract wording will be construed against the interests of the grantor or the party that benefits from the wording. The precise scope of the rule is not entirely clear from the reported cases. There seem to be two main strands:

  1. (a)

        in agreements concerned with the grant of rights to property, unclear wording is construed against the grantor1;

  2. (b)

        in other types of agreements, unclear wording in

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