Unfair Terms in Consumer Contracts Regulations 1999 - The 'contra Proferentem' Rule

The 'contra Proferentem' Rule

The 'contra proferentem' rule is that where there is any ambiguity in regards to a clause it is to be interpreted against the party which insisted on including it. Regulation 7 states this very clearly:

"(1) A seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language.
(2) If there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail but this rule shall not apply in proceedings brought under regulation 12."

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