191. Construction against exclusion of liability for negligence.
191. Construction against exclusion of liability for negligence.
Contract (Volume 22 (2019)) | Commentary
Where a contracting party would prima facie be liable for negligence, but seeks to protect himself by relying upon a provision of the contract, then, following the usual rule, the provision will be read contra proferentem1. Thus, where he may be subject to liability for negligence and to a stricter form of liability2 the position is that general words of exclusion will not ordinarily protect him from liability for negligence3, but will prima
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