What is the doctrine of contra proferentem?
The doctrine of contra proferentem is a principle of contract and inheritance law that is applied in the state of Maryland. The Latin phrase essentially means “against the offeror” and is used when a court is trying to interpret an ambiguous contract or law. Under this doctrine, any uncertainties or ambiguities in the contract or law in question will be interpreted in favor of the non-drafting party, who is usually the consumer. In the state of Maryland, the doctrine of contra proferentem is widely used in inheritance law. For example, if an inheritance document is unclear about the nature of a property division or the parties involved, a court will interpret the document against the drafter of the document. This is intended to protect less sophisticated parties from being taken advantage of by those with more knowledge and power. The doctrine of contra proferentem has been challenged in recent years but it remains a valid part of the legal system in Maryland. Its use in inheritance law ensures that any ambiguities in a will or other inheritance document are interpreted in favor of the intended beneficiaries and not the drafter of the document. This doctrine helps to guarantee fairness in the inheritance process and ensures that the wishes of the deceased are upheld.
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