What is the doctrine of contra proferentem?
The doctrine of contra proferentem is a legal principle used to interpret the terms of written contracts when there is a dispute between two parties. This doctrine states that if the terms of a contract are ambiguous, or if more than one interpretation is possible, then the terms should be interpreted in favor of the party who did not draft the original document, or the “non-drafting party.” In Michigan, the doctrine of contra proferentem is recognized and frequently used in the interpretation of contracts. This doctrine is also commonly used in inheritance law where the courts must interpret the terms of a will or trust agreement in the event of a dispute. The courts will look to the language of the will or trust and if they find more than one interpretation possible, then they will interpret the terms in favor of the person who stands to inherit the property. The doctrine of contra proferentem provides protection for people who may not be aware of all the legal implications of the language in a contract, will, or other such document. This doctrine is important in Michigan inheritance law in order to ensure that the wishes of the testator, or the maker of the will, are expressed and that the rightful heirs receive the property as intended.
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