contra proferentum?

[geo]

hi the party i am in negotiation with has prepared a draft agreement and they state that they do not want the contra proferentum and ejusdem generis rules to apply to this contract. what arguments can i use to change their mind?
thanks

[Guest]

Re: contra proferentum?

Why would you want to enter into an agreement with a party which, at first glance, drafts a contract which favours them and explicitly excludes rules which protect you?

My argument would consist of one word - "No."

[geo]

Re: contra proferentum?

unfortunately i have no choice, the agreement must be signed. i do have the power to negotiate but i cannot force. i think they would listen to a well thought out argument so thats why im asking. i understand that these terms are for my protection so i wondered if there were any standard reasons that i could use to ask them to keep them in the contract.

[Guest]

Re: contra proferentum?

Is this a consumer contract or a business contract? Regulation 7 of the Unfair Terms in Consumer Contracts Regulations 1999 and the Unfair Contract Terms Act 1977 provide similar protection respectively, so what in particular are you looking to achieve?

If a contractual dispute should arise as a result of differing opinions over what the parties’ believed the contract terms meant and a court claim is launched, it is for the courts to give effect to the intention of the parties and they will interpret any ambiguity against the party which proposed such terms.

In addition, regardless of the type of contract, any contractual term which seeks to exclude accountability for something expressely provided by statute will be unenforceable at law in any case.

[geo]

Re: contra proferentum?

Is this a consumer contract or a business contract? Regulation 7 of the Unfair Terms in Consumer Contracts Regulations 1999 and the Unfair Contract Terms Act 1977 provide similar protection respectively, so what in particular are you looking to achieve?

If a contractual dispute should arise as a result of differing opinions over what the parties’ believed the contract terms meant and a court claim is launched, it is for the courts to give effect to the intention of the parties and they will interpret any ambiguity against the party which proposed such terms.

In addition, regardless of the type of contract, any contractual term which seeks to exclude accountability for something expressely provided by statute will be unenforceable at law in any case.

it is a contract between the local council and my company. the agreement is to do with planning matters and will be a burden on the title. i will ask them to keep the rules in and see what they say.