12:32 Apr 17, 2020 |
English to Russian translations [PRO] Law/Patents - Computers: Software / Software license | |||||
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| Selected response from: Mikhail Zavidin Local time: 16:12 | ||||
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Summary of answers provided | ||||
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3 +1 | истолковывать против (стороны-)составителя |
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4 -1 | толковаться по отношению |
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толковаться по отношению Explanation: "толковаться по отношению" |
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истолковывать против (стороны-)составителя Explanation: CONTRACT AMBIGUITIES CONSTRUED AGAINST DRAFTER The Latin term contra proferentem is a contract principle that provides that an ambiguous or uncertain term in a contract will be construed against the party that caused the uncertainty to exist. Civ. Code§ 1654. Ambiguities are contract language that is difficult to comprehend or distinguish. Royal Neckwear Co. v. Century City, Inc., 205 Cal.App.3d 1146, 1153 (1988). In a practical sense, the person that “caused the uncertainty to exist” is the person that drafted the agreement. Thus, the general rule is that ambiguities in the drafting of contracts are construed against the drafter. Sands v. E.I.C., Inc., 118 Cal.App.3d 231 (1981). This rule will benefit the average consumer who is handed a “boilerplate” contract and asked to sign it, or they won’t get a credit card. If, however, some revisions are made by both parties, the question of who drafted the contract can become essential to the determination of a contract dispute. https://www.bc-llp.com/when-is-a-contract-considered-mutuall... |
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