Can you contract out of Contra Proferentem?
Also to know is, what happens when a contract is ambiguous?
But usually, an ambiguous contract means that a specific term, word, phrase, or definition is vague or unclear. If a contract is ambiguous, it can sometimes be resolved by the parties through further discussions. If not, it may be necessary to have the document reviewed in court to have the issues resolved.
Subsequently, question is, how courts interpret ambiguous contracts? A contract is ambiguous when it is uncertain what the intent of the parties was and the contract is capable of more than one reasonable interpretation. Also, Courts abide by the rule that an ambiguous contract is interpreted against the party who drafted it.
Also question is, who benefits from ambiguity in a contract?
There is a general rule that a court will construe ambiguous contract terms against the drafter of the agreement. But this rule only applies where one contracting party is in a superior bargaining position, usually either as a result of greater experience or the assistance of counsel.
What are exclusion clauses in a contract?
Exclusion clause: is a term in a contract which intends to exclude one of the parties from liability or limit the person's liability to specific listed conditions, circumstances, or situations. It can be inserted into a contract which aims to exclude or limit one's liability for breach of contract or negligence.