The Rule Contra Proferentum in the Government Contract Interpretation Process.

Abstract

The contra proferentum rule does not, however, find application by the courts simply because an interpretive problem is encountered in contractual language. The rule is a secondary rule of contract interpretation, and is relied on only when the meaning of the contract language- and thus the intent of the parties-is still in doubt after the court has considered 'all of the ordinary processes of interpretation, including all existing usages, general, local, technical, trade, and the custom and agreement of the two parties with each other,' as well as 'having admitted in evidence and duly weighed all of the relevant circumstances and communications between the parties.

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Document Details

Document Type
Technical Report
Publication Date
Aug 01, 1977
Accession Number
ADA046813

Entities

People

  • John T. Flynn

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  • Air Force Institute of Technology

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  • Human Systems

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  • Agreements
  • Commerce
  • Construction
  • Contractors
  • Contracts
  • Engineering
  • Government Employees
  • Government Procurement
  • Governments
  • Language
  • Law
  • Materials
  • Procurement
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  • United States

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  • Computational Linguistics
  • Criminal Law
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