Policy Interpretation Flashcards
What is the golden rule of contracts?
The intention of the contract will prevail, Courts will look at the intention of the contract at the start of the contract.
What precedent shows that the law looks at the intention of the contract at the beginning?
Rohan v. Insurance corp Ireland
What is the only thing a judge can enforce on parties?
The intention of the contract
When is the intention of a contract interpreted by the judge
When it is not explicitly laid out
Ordinary meaning
The ordinary meaning of the words will be adopted unless odiously not intended by specifying the definitions in the contract.
Contra proferentem
Ambiguity will result in the drawer of the contract not being sided with. Since the insurer is usually the one drawing up the contract then they are the one that is ruled against
Parole evidence
This rule prohibits the introduction in court of evidence of the meaning of the contract outside documentation its self.
Ejusdem Generis
What genre of items. If a contract lists specific classes of people or things
Fill in the *: In a policy * are given priority over * and * given priority over *
Written words are given priority over printed words and typed word are given priority over types
Written words
Written on to the standard contract, are said to be the most discussed and take president over all others.
Typed words
Specific adjustments, eg temporary indemnify another person
Printed words
Standard to every contract
What over rides what? Expressed and implied
Expressed overrides implied
All risk policy
Covers the item for everything unless they have specifically stated otherwise
Named peril policy
Names the perils excluded
