(Of the interpretation of an ambiguous contract) against the party which proposed or drafted the contract or clause.
- Therefore, apart from the patent ambiguity exception, a contractor must satisfy the above conditions before the general rule of contra proferentem will apply.
- As an initial matter, the court noted that the district court's reasoning was ‘plausible,’ but it found the wind deductible to be ambiguous and applied contra proferentem under Texas law.
- Faced with two reasonable contract interpretations, the Court then looked to the rule of contra proferentem for guidance on who should bear the risk of these ambiguities.
Latin, 'against (the person) mentioning'.
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