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Contract law
Formation
Capacity
Offer and acceptance
Meeting of the minds2
Abstraction principle4,5
Posting rule1
Mirror image rule
Invitation to treat
Firm offer
Consideration1,4
Implication-in-fact
Collateral contract
Defences
Misrepresentation
Mistake
Threats and unequal bargaining power
Illegality and public policy
Unconscionability
Culpa in contrahendo2
Force majeure
Frustration of purpose
Impossibility
Impracticability
Hardship
Set-off
Illusory promise1
Statute of frauds1
Non est factum1
Unclean hands1
Accord and satisfaction1
Exculpatory clause
Interpretation
Parol evidence3
Contract of adhesion
Integration clause
Contra proferentem
UNIDROIT Principles
Dispute resolution
Choice of law clause
Forum selection clause
Hague Choice of Court Convention
Arbitration
New York Convention
UNCITRAL Model Law
Mediation
Singapore Mediation Convention
Enforcement of foreign judgments
Hague Judgments Convention
Rights of third parties
Privity of contract1
Assignment
Delegation
Novation
Third-party beneficiary
Breach of contract
Anticipatory repudiation
Cover
Exclusion clause
Efficient breach
Deviation
Fundamental breach
Remedies
Specific performance3
Money damages
Liquidated, stipulated, or penal damages3
Rescission
Quasi-contractual obligations
Promissory estoppel1
Quantum meruit1
Unjust enrichment
Restitution
Negotiorum gestio2
Duties of parties
Duty of honest contractual performance (or doctrine of abuse of rights)6
Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith)7
Contract A and Contract B6
Related areas of law
Conflict of laws
Commercial law
By jurisdiction
Australia
Canada
China (mainland)
Ireland
India
Saudi Arabia
United Kingdom
England and Wales
Scotland
United States
Other law areas
Tort law
Property law
Wills, trusts, and estates
Criminal law
Evidence
Notes
1 Specific to common law jurisdictions
2 Specific to civil and mixed law jurisdictions
3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions
4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition
5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts
6 Specific to Canadian contract law both in Québec and in the country's common law provinces
7 Specific to civil law jurisdictions, the American Uniform Commercial Code, and Canadian jurisprudence in both Québec and the common law provinces pertaining to contractual and pre-contractual negotiation
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Contra proferentem (Latin: "against [the] offeror"),[1] also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.[2]
^Black, Henry C. (2009). Garner, Bryan A. (ed.). Black's Law Dictionary (Print.) (9th ed.). St. Paul, MN: West Publishing. ISBN 978-0-314-19949-2.
^American Law Institute (1981). "The Scope of Contractual Obligations". Restatement (Second) of Contracts. Vol. 2. St. Paul, Minnesota: American Law Institute Publishers. § 206.
and 24 Related for: Contra proferentem information
Contraproferentem (Latin: "against [the] offeror"), also known as "interpretation against the draftsman", is a doctrine of contractual interpretation...
was imposed by one party upon the other without negotiation) the contraproferentem rule applies. Essentially this means that the clause will be construed...
strict construction against the party relying on a clause (in Latin, contraproferentem). This would often run contrary to the common sense meaning of a contractual...
that an unfair term "shall not be binding upon the consumer". The contraproferentem rule is that where there is any ambiguity in regards to a clause it...
addition, in the event of an ambiguity, such ambiguity will be resolved contraproferentem, i.e. against the party drafting the contract language. There is much...
clause is ambiguous, the court interprets it narrowly and contra proferens. The contraproferentem principle provides the basis for determining the reach...
interpretation of existing terms. To resolve ambiguity using the contraproferentem rule. To show, particularly in California, that (1) in light of all...
Archived 2014-07-14 at the Wayback Machine. CRS. Boardman M. (2006). ContraProferentem: The Allure of Ambiguous Boilerplate. Michigan Law Review. Policy...
the House of Lords on the limits of freedom of contract, and the contraproferentem principle. Mr Naaem, an employee of BCCI SA, claimed damages for economic...
contradiction where adjective contradicts its noun (e.g., a square triangle). contraproferentem against the one bringing forth Used in contract law to stipulate that...
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