Definition of contra proferentem in English:

contra proferentem

adverb ˌkɒntrə prɒfəˈrɛntɛm

Law

(of the interpretation of an ambiguous contract) against the party which proposed or drafted the contract or clause.
〔律〕（合同的解释）不利于提供者
Example sentencesExamples
- The Court ruled, for the first time in this state, that the rule of contra proferentem is to be used only as a last resort, if the jury cannot resolve the conflict by the use of extrinsic evidence.
- 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.
- Therefore, apart from the patent ambiguity exception, a contractor must satisfy the above conditions before the general rule of contra proferentem will apply.
- But when plan language is ambiguous, this well-established doctrine of contra proferentem does apply, and for good reason.

Origin

Latin, 'against (the person) mentioning'.

词汇	contra proferentem
释义	Definition of contra proferentem in English: contra proferentem adverb ˌkɒntrə prɒfəˈrɛntɛm Law (of the interpretation of an ambiguous contract) against the party which proposed or drafted the contract or clause. 〔律〕（合同的解释）不利于提供者 Example sentencesExamples The Court ruled, for the first time in this state, that the rule of contra proferentem is to be used only as a last resort, if the jury cannot resolve the conflict by the use of extrinsic evidence. 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. Therefore, apart from the patent ambiguity exception, a contractor must satisfy the above conditions before the general rule of contra proferentem will apply. But when plan language is ambiguous, this well-established doctrine of contra proferentem does apply, and for good reason. Origin Latin, 'against (the person) mentioning'.
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