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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - doctrine of contra proferentem
The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Definition of doctrine of contra proferentem
The doctrine of contra proferentem is a legal principle that applies to interpreting documents. It means that if there is any ambiguity in a document, it should be interpreted against the person who drafted it. This principle is also known as the ambiguity doctrine.
For example, if a contract is written in a way that is unclear or open to interpretation, the court will interpret it in favor of the party who did not draft the contract. This means that if there is any doubt about the meaning of a term or provision in the contract, the court will interpret it in a way that is more favorable to the non-drafting party.
The doctrine of contra proferentem is designed to protect parties who are not familiar with legal language or who may be at a disadvantage in negotiating a contract. By interpreting ambiguous terms against the drafter, the court ensures that both parties are treated fairly and that the contract is enforced in a way that is consistent with the intentions of both parties.
The law is a jealous mistress, and requires a long and constant courtship.
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Simple Definition
The doctrine of contra proferentem means that when there is confusion or uncertainty in a document, it should be interpreted in a way that is not favorable to the person who wrote it. This is because the person who wrote the document should have been clear in their intentions. It is also known as the ambiguity doctrine.
Study hard, for the well is deep, and our brains are shallow.
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