Contra proferentem: Difference between revisions

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A rule that should strike fear into two sorts of people: those who are not [[good egg]]s, who do not heed the {{tag|Latin}} maxim ''[[non mentula esse]]'', and those whose command of the English language is flakey enough that they can’t write down, simply and clearly, what they mean.
{{a|latin|}}A rule that should strike fear into two sorts of people: those who are not [[good egg]]s and do not heed the [[Latin]] maxim ''[[nolli mentula esse]]'', and those whose command of the English language is flakey enough that they can’t write down, simply and clearly, what they mean.


Of course, the more an [[Mediocre lawyer|attorney]] mistrusts {{sex|her}} own use of the language, the more convoluted {{sex|she}} tends to make it (there’s nothing quite like a good {{tag|flannel}}ing to gloss over one’s literary shortcomings), and the more likely the [[contra proferentem]] rule is apt to step her in the face.
Of course, the more an [[Mediocre lawyer|attorney]] mistrusts {{sex|her}} own use of the language, the more convoluted {{sex|she}} tends to make it (there’s nothing quite like a good [[flannel]]ing to gloss over one’s literary shortcomings), and the more likely the [[contra proferentem]] rule is apt to slap her in the face.


The presumption that a legal provision should be construed “[[contra proferentem]]” - against the person who offered it up - is only really likely to get in your hair if there is scope for misconstruing it. This is only likely if you’ve made it that way, through ineptitude or deceit.
The presumption that one should construe a legal provision “[[contra proferentem]]” - against the person who drafted it - is only really likely to get in your hair if there is scope for misconstruing it. This is only likely if you’ve made it that way through ineptitude or deceit.


Use your commas wisely, therefore. And be a [[good egg]].
Use your commas wisely, therefore. And be a [[good egg]].
{{plain english}}

Latest revision as of 13:30, 14 August 2024

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A rule that should strike fear into two sorts of people: those who are not good eggs and do not heed the Latin maxim nolli mentula esse, and those whose command of the English language is flakey enough that they can’t write down, simply and clearly, what they mean.

Of course, the more an attorney mistrusts her own use of the language, the more convoluted she tends to make it (there’s nothing quite like a good flanneling to gloss over one’s literary shortcomings), and the more likely the contra proferentem rule is apt to slap her in the face.

The presumption that one should construe a legal provision “contra proferentem” - against the person who drafted it - is only really likely to get in your hair if there is scope for misconstruing it. This is only likely if you’ve made it that way through ineptitude or deceit.

Use your commas wisely, therefore. And be a good egg.

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