Understanding the Contra Proferentem Doctrine in Contract Law
Definition & meaning
The contra proferentem doctrine is a principle in contract law that interprets ambiguous terms against the interests of the party that drafted or included them. This means that if a contract clause is unclear or has multiple interpretations, the court will favor the party who did not draft the clause. This doctrine is often invoked when a contract is disputed in court, ensuring fairness in the interpretation of ambiguous language. However, it does not apply if both parties contributed to the wording of the clause in question.
Legal use & context
This doctrine is primarily used in civil law, particularly in contract disputes. It serves as a safeguard for parties who may be at a disadvantage due to unclear contractual language. Users can manage their contracts effectively by utilizing legal templates from US Legal Forms, which are drafted by experienced attorneys to minimize ambiguity and potential disputes.
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) Consider a contract for the sale of a property that includes a clause stating, "The seller will make necessary repairs." If the term "necessary repairs" is vague, a court may interpret this clause against the seller, who included it, favoring the buyer's interpretation of what repairs are required.