| 释义 |
‖ proferens Law.|prəʊˈfɛrɛnz|
Pl. proferentes |prəʊfɛˈrɛntiːz|.
[L., pres. pple. of proferre to offer, adduce.]
The party which proposes or adduces a contract or a condition in a contract. Also in phr. contra proferentem, or -es, used of legal decisions made ‘against the proposer(s)’, with reference to the maxim verba cartarum fortius accipiuntur contra proferentem, ‘the words of contracts should be interpreted most forcibly against him who adduces them’.
[a1626Bacon Elem. Common Lawes Eng. (1630) i. 11 Verba fortius accipiuntur contra proferentem. This rule that a mans deedes and his words shall be taken strongliest against himselfe,..is..a rule drawn out of the depth of reason. 1766Blackstone Comm. II. xxiii. 380 That the deed be taken most strongly against him that is the agent or contractor, and in favour of the other party. ‘Verba fortius accipiuntur contra proferentem.’] 1927Times Law Reports 3 June 528/2 At the least the expression was ambiguous and must be construed contra proferentem. 1935Lloyd's List Law Rep. 9 May 306/1 In this case the underwriters were not the proferentes. 1947J. Charlesworth Law of Negligence (ed. 2) xxix. 617 The Court of Appeal held that the word..was ambiguous and must be construed contra proferentem. 1971R. A. Percy Charlesworth on Negligence (ed. 5) xvi. 670 On the first point, Mackinnon J. and the Court of Appeal held that the word ‘indemnify’ was inapt to exclude a claim by the plaintiffs, and at least was ambiguous and must be construed contra proferentes. 1974E. R. H. Ivamy Marine Insurance (ed. 2) xxiii. 349 He saw no reason for coming to the conclusion that the insurers were the proferentes. |