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Source Interpretation Complete Delaware Bar Exam Topic Index List Matched to this deck.

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0 tracked cards Delaware Essays

Designer drafted a contract clause that can reasonably be read two ways after the court considers the language, the whole contract, surrounding circumstances, and any relevant usage. No evidence shows that Client caused or knowingly accepted the uncertainty.
Which statement best describes the remaining interpretive rule?

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Contra proferentem applies only to oral contracts and never to writings. The clause must be disregarded automatically because ambiguity always voids a contract. Contra proferentem permits the court to add any term it thinks fair. If ordinary meaning, whole-contract context, circumstances, and usage do not resolve the uncertainty, the remaining ambiguity may be construed against the party who caused it.

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