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Courts Traditionally Interpreted Exclusion Clauses Contra Proferentem, or Against the Interests

question 40

Essay

Courts traditionally interpreted exclusion clauses contra proferentem, or against the interests of the person seeking to rely on it. Why did the courts take this approach, and to what extent has it been displaced by alternative approaches?


Definitions:

Medical Treatments

Interventions, including medications and surgical procedures, used by health professionals to treat diseases or conditions.

Elimination Disorders

Psychiatric disorders in children characterized by inappropriate elimination of urine or feces.

Bodily Functions

refer to the physiological actions carried out by different systems of the body necessary for the maintenance of life and health.

Physical Illness

A condition affecting the body, as opposed to the mind, often with identifiable symptoms and potentially medical treatment.

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