26 April 2003

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Fliptex Limited v Edney Enterprises Limited

In a recent case, the High Court looked at a guarantee which
was ambiguous and held that it would give effect to the
ordinary words of the guarantee, so far as it was possible
to do so, rather than apply the 'contra proferentem' rule
where ambiguity in the terms of an obligation is resolved
against the person seeking to impose the obligation). The
Court stated that the rule is to be applied only in the last
resort.

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