Contra Proferentem Rule Flashcards
1
Q
Against the one who asserts rule
A
Contra profrenetem rule
2
Q
A
3
Q
101?
A
There must be no ambiguity!
Must be CRYSTAL CLEAR
NO GENERALIZATION
4
Q
Baldry v. Marshall
A
For implied guarantee/ warrantee not condition.
Car tuned out to be unsuitable for needs.
5
Q
Andrews v. Singer
A
NEW Singer cars
Only ONE new car
Implied term only covered warranted not condition
6
Q
Houghton v. Trafalgar Insurance
A
Excess loads was equated to luggage.
Car of 5 carrying 6 people
7
Q
Against who asserts rule?
A
Contra profrentem rule
8
Q
101??
A
There must be no ambiguity!
Must be crystal clear
No generalization
If not?
9
Q
A