Joint Drafting Clauses: Contract for Real Property
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FAQ
2019), "A contract or a provision in a contract is ambiguous if it is reasonably susceptible to more than one interpretation or construction." In other words, if both parties' interpretation is reasonable given the written language of the agreement, the contract may be ambiguous.
Drafting of a contract is the step-by-step inclusion of specific clauses, terms and conditions that are expressed as per the needs and wants of the party/parties to the contract.
Intrinsic ambiguity is when there is a conflict between two or more provisions in the contract. For example, if a contract says ?the buyer will pay for the damages? and ?the seller will pay for the repairs,? these provisions conflict with each other and create an ambiguity.
Contra proferentem is a rule of contract interpretation that states an ambiguous contract term should be construed against the drafter of the contract. The term contra proferentem is derived from a Latin phrase meaning ?against the offeror.?
The Company and Executive acknowledge and agree that this Agreement was jointly drafted by the Company on the one side and by Executive on the other side. Neither party, nor any party's counsel, shall be deemed the drafter of this Agreement in any proceeding that may hereafter arise between them.
The contra proferentem rule, also known as ?interpretation against the draftsman? broadly states that where there is doubt about the meaning of the contract, the words will be construed against the person who put them forward.
The contra proferentem rule is a legal doctrine in contract law which states that any clause considered to be ambiguous should be interpreted against the interests of the party that created, introduced, or requested that a clause be included.
None of the Parties shall be considered to be the drafter of this Agreement or any provision hereof for the purpose of any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafter hereof.
