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Australia construction interpretationexclusion and limitation clauses

Marks v GIO Australia Holdings Ltd

(1998) 196 CLR 494
JurisdictionAustralia
CourtHigh Court of Australia
Year1998
StatusBinding authority

Summary

Construction of insurance policies should reflect the reasonable expectations of the insured, with the contra proferentem rule applying to ambiguous exclusion clauses.

Key Principle

construction of insurance policies; contra proferentem; reasonable expectations of insured

Area of Law

contract

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Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85

High Court of Australia examined the principles governing rectification of written contracts for common intention and unilateral mistake in equity.

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