Q&As

Will ambiguous drafting of standard terms and conditions be construed against the originator?

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Published on LexisPSL on 30/08/2017

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Will ambiguous drafting of standard terms and conditions be construed against the originator?

Will ambiguous drafting of standard terms and conditions be construed against the originator?

The basic approach of contract interpretation as provided by Lord Hoffmann’s five principles in Investors Compensation Scheme (see Practice Note: Contract interpretation—the guiding principles) is supplemented by general guidelines (known as 'canons of construction') which can be used to assist in ascertaining the meaning of a written contract. The contra proferentem principle is one of those canons of construction.

Where there is doubt about the meaning of a contract, the contra proferentem principle is applied, where

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