M CIV JI 142.57 Interpretation Against the Drafter

If you cannot determine what the parties intended by the ambiguous language after reviewing all the evidence admitted during trial, including such things as [ the conduct of the parties, the statements of the representatives of the parties / the conduct of the parties and the custom and usage of the trade / business / industry ], then you should interpret the ambiguous language against the party who prepared the agreement.

Comment

Klapp v United Insurance Group Agency, Inc, 468 Mich 459, 469-474; 663 NW2d 447 (2003)

History

M Civ JI 142.57 was added January 2022.