What is the contra proferentum rule and how does this apply to exclusion clauses? Which of the following is correct? The contra proferentum rule applies so that an exclusion clause is always interpreted by a court against the party relying on it The contra proferentum rule basically means that an exclusion clause is contrary to the interests of consumers and therefore unenforceable as a term Contra proferentum refers to the ability of consumer law to set a contrary term to that of the parties within a contract The contra proferentum rule means that the party relying on the exclusion clause must be able to prove that the other party agreed to it, otherwise it is not enforceable
What is the contra proferentum rule and how does this apply to exclusion clauses? Which of the following is correct? The contra proferentum rule applies so that an exclusion clause is always interpreted by a court against the party relying on it The contra proferentum rule basically means that an exclusion clause is contrary to the interests of consumers and therefore unenforceable as a term Contra proferentum refers to the ability of consumer law to set a contrary term to that of the parties within a contract The contra proferentum rule means that the party relying on the exclusion clause must be able to prove that the other party agreed to it, otherwise it is not enforceable
Chapter1: Taking Risks And Making Profits Within The Dynamic Business Environment
Section: Chapter Questions
Problem 1CE
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Question
What is the contra proferentum rule and how does this apply to exclusion clauses? Which of the following is correct?
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The contra proferentum rule applies so that an exclusion clause is always interpreted by a court against the party relying on it
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The contra proferentum rule basically means that an exclusion clause is contrary to the interests of consumers and therefore unenforceable as a term
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||
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Contra proferentum refers to the ability of consumer law to set a contrary term to that of the parties within a contract
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||
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The contra proferentum rule means that the party relying on the exclusion clause must be able to prove that the other party agreed to it, otherwise it is not enforceable
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