If an exclusion clause is ambiguous,a court will not read it down to ensure it retains its commercial purpose.

Question

Quizplus · Accepted Answer

If an exclusion clause is ambiguous, a court will interpret it against the party that relies on it and may read it down to ensure that it conforms with the reasonable expectations of the parties. This means that the court will try to give effect to the commercial purpose of the clause, but only to the extent that it makes sense given the context of the contract.

If an Exclusion Clause Is Ambiguous,a Court Will Not Read