English Contract Law –is the Claim covered by the wording in the exemption clause as a matter of interpretation
If you get to the conclusion that a clause has been incorporated into a contract, the next step is to determine if the terms of the clause cover the specific claim. Most frequently, this entails determining whether the exemption provision limits or excludes the claim that an injured party may pursue. If the language is obvious, you must consider what the words imply in their everyday, everyday context. The only time the courts will go beyond the written provisions of the contract to the context in which it was concluded is if the wording is unclear. The contra proferentem rule, which is explained below, is also used by the courts. The contra proferentem rule states that any ambiguity or doubt in a contract's terms must be understood in a way that is least favorable to the party attempting to rely on it to reduce or avoid his obligation. Contra proferentem rule The contra proferentem rule states that ambiguity in an exemption clause's meaning must be resolved in a way that is least beneficial to the party attempting to rely on it.
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