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Contra proferentem (Latin: "against [the] offeror"), [1] also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.
In order for a negotiating side's leverage to work in their favor, the threats or promises they put forth must be perceived as credible by the opposing group. This does not mean that the threats and promises have to be based in facts, but the opposing group must believe that a specific threat or promise can be carried out and that it would make ...
Right of a third-party beneficiary to sue in order to enforce a third-party contract, i.e. the opposite of privity of contract. ius retentionis: right of retaining Lien (possessory) ius variandi: right of varying Free choice of court actions where concurrent actions lie, e.g. tort and criminal, or tort and breach of contract. laesio enormis ...
The promise must be real and unconditional. This doctrine rarely invalidates contracts; it is a fundamental doctrine in contract law that courts should try to enforce contracts whenever possible. Accordingly, courts will often read implied-in-fact or implied-in-law terms into the contract, placing duties on the promisor.
This contract type may be contrasted with a cost-plus contract, which is intended to cover the costs incurred by the contractor plus an additional amount for profit, and with time-and-materials contracts and labor-hour contracts. [1] Fixed-price contracts are one of the main options available when contracting for supplies to governments.
A contract made in favor of a third party is known as a "third-party beneficiary contract." Under traditional common law , the ius quaesitum tertio principle was not recognized, instead relying on the doctrine of privity of contract , which restricts rights, obligations, and liabilities arising from a contract to the contracting parties (said ...
The Best Favor Might Be the One Not Asked Before you make that call, keep in mind that whether you pay or not, having a friend do work for you can go wrong in a lot of different ways.
So the contract may be written to reflect that the house is being sold in return for "ten dollars and other good and valuable consideration". The ten dollars is the "peppercorn" that provides concrete consideration and ensures that the contract is valid, while the actual amount paid for the house is hidden and referred to only as the "other ...