Example sentences of "be construed against the [noun] " in BNC.
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1 | " [ T ] he language of an exemption clause is prima facie to be construed against the person who drafted it or put it forward … [ and ] the language of an exemption clause must be sufficiently explicit to disclose the common intention of the parties without straining the language " ( Cumming-Bruce LJ in Acme Transport Co Ltd v Betts [ 1991 ] 1 Lloyd 's Rep 131 ) . |
2 | In the case of a lease this will usually mean that the ambiguity will be construed against the landlord ( Killick v Second Covent Garden Property Co Ltd [ 1973 ] 2 All ER 337 , although in Amax International Ltd v Custodian Holdings Ltd [ 1986 ] 2 EGLR 111 , Hoffmann J suggested that , technically , the tenant might be the proferens ) . |
3 | The practical significance of this distinction is that in cases of ambiguity an exception will be construed against the landlord , while a reservation will be construed against the tenant ( St Edmundsbury & Ipswich Diocesan Board of Finance v Clark ( No 2 ) [ 1975 ] 1 All ER 772 ) . |
4 | The draftsman should bear in mind that any restriction will be construed against the firm in whose interest it purports to be imposed . |
5 | However , some parts of the lease will be construed against the tenent , since by a legal fiction he may be treated as a grantor . |
6 | Any ambiguity will be construed against the tenant ( St Edmundsbury & Ipswich Diocesan Board of Finance v Clark ( No 2 ) [ 1975 ] 1 All ER 772 ) . |
7 | The practical significance of this distinction is that in cases of ambiguity an exception will be construed against the landlord , while a reservation will be construed against the tenant ( St Edmundsbury & Ipswich Diocesan Board of Finance v Clark ( No 2 ) [ 1975 ] 1 All ER 772 ) . |