contra proferentemadv.

/ˌkɒntrə ˌprɒfəˈrɛntɛm/

Inflections: Plural contra proferentes.

Etymology: 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’.

Law.

Against the party which proposes or adduces a contract or a condition in a contract. Cf. proferens n.

ΚΠ

a1626 F. Bacon Elements Common Lawes (1630) 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.

1766 W. Blackstone Comm. Laws Eng. 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.’]

1927 Times Law Rep. 3 June 528/2 At the least the expression was ambiguous and must be construed contra proferentem.

1947 J. Charlesworth Law of Negligence (ed. 2) xxix. 617 The Court of Appeal held that the word..was ambiguous and must be construed contra proferentem.

1971 R. 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.

This entry has not yet been fully updated (first published 1982; most recently modified version published online March 2021).

单词	contra proferentem
释义	contra proferentemadv. /ˌkɒntrə ˌprɒfəˈrɛntɛm/ Inflections: Plural contra proferentes. Etymology: 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’. Law. Against the party which proposes or adduces a contract or a condition in a contract. Cf. proferens n. ΚΠ a1626 F. Bacon Elements Common Lawes (1630) 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. 1766 W. Blackstone Comm. Laws Eng. 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.’] 1927 Times Law Rep. 3 June 528/2 At the least the expression was ambiguous and must be construed contra proferentem. 1947 J. Charlesworth Law of Negligence (ed. 2) xxix. 617 The Court of Appeal held that the word..was ambiguous and must be construed contra proferentem. 1971 R. 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. This entry has not yet been fully updated (first published 1982; most recently modified version published online March 2021). < adv.1927
随便看	θ5113 θ51130 θ51131 θ51132 θ51133 θ51134 θ51135 θ51136 θ51137 θ51138 θ51139 θ5114 θ51140 θ51141 θ51142 θ51143 θ51144 θ51145 θ51146 θ51147 θ51148 θ51149 θ5115 θ51150 θ51151