What principle could you reasonably expect Canadian common law courts to apply when faced by cases dealing with standard form contracts?
A) Customers' continued use amounts to acceptance of unilateral amendments.
B) Terms are to be set out in plain language,and legalese must be absent.
C) Pre-printed terms are put inside a box to which reference is made on the outside.
D) Ambiguous terms should be construed against the party that prepared the contract.

Question

Quizplus · Accepted Answer

The principle that ambiguous terms should be construed against the party that prepared the contract is known as the "contra proferentem" rule. This rule is commonly applied in common law jurisdictions, including Canada, especially in the context of standard form contracts or contracts of adhesion, where there is an imbalance in bargaining power and the non-drafting party has little to no ability to negotiate the terms.

What Principle Could You Reasonably Expect Canadian Common Law Courts