Comparative Interpretation: Favoring the Non-Drafting Party and Their Reasonable Expectations

Description

This Skill Bit talks about how comparative interpretation involves using similar contracts or legal standards to clarify contract terms, providing context while considering differing legal and cultural environments. The contra proferentem rule benefits the non-drafting party by holding the drafter accountable for ambiguous language, thus promoting fairness. It is used only when ambiguity remains after other interpretive methods. This approach prioritizes the reasonable expectations of the non-drafting party, taking into account the contract’s context, the parties’ conduct, and the contract’s purpose to align with the non-drafting party’s understanding.

Duration approx. 5 Min.

Tier: proficiency