One of the mysteries of the English language finally explained.
The party which proposes or adduces a contract or a condition in a contract.
- ‘The reason for imposing such standards on these clauses is the inherent improbability that the other party to a contract including such a clause intended to release the proferens from a liability that would otherwise fall upon him.’
- ‘Lord Fraser at page 173 also said that he did not see how a clause can ‘expressly’ exempt or indemnify the proferens against his own negligence unless it contains the word negligence or some synonym for it.’
- ‘If the clause contains language which expressly exempts the person in whose favour it is made (hereafter called the ‘the proferens’) from the consequences of his own servants, effect must be given to that provision…’
- ‘It is common ground that the proferens here is the respondent.’
Latin, literally ‘uttering’.
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