A Court Hearing a Contractual Dispute Has Determined That an Ambiguous

question 31

Multiple Choice

A court hearing a contractual dispute has determined that an ambiguous term must be construed against the party drafting the agreement.Which of the following would the judge most likely state in his decision as being the policy rationale for the court's finding?

• A) The common law rules of construction apply.
• B) The rules of construction require use of the best language available.
• C) Rules of construction require that a promise be stated explicitly.
• D) The framer should bear the risk of nebulous language.

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Definitions:

Partners

Individuals who share ownership and responsibilities in a business or law practice.

Profits

The financial gains obtained by a business after subtracting all expenses incurred.

Limited Liability Partnership

A partnership where some or all partners have limited liabilities, protecting each partner's personal assets from the debts and liabilities of the business.

Malpractice

Professional misconduct or negligence—the failure to exercise due care—on the part of a professional, such as an attorney or a physician.