Oireachtas Joint and Select Committees
Thursday, 11 April 2019
Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach
Matters Relating to the Banking Sector: Allied Irish Banks
Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source
This goes back to the contract material and I will return to that, but what about the issue that where the contract is vague it must always be interpreted on behalf of the customer? The vagueness in the contract cannot be interpreted on the bank's behalf. We have discussed this previously as other members have raised the issue. The prevailing rate is not defined. A tracker rate is defined under condition 3.6. The bank's advertising material makes it clear that the only thing that varies is the ECB portion of that rate. Repeated court rulings have established that the authors of a contract cannot benefit from the vagueness of the contract. Taking away that legalistic approach, if the bank is genuinely customer-centric it would take that approach regardless of case law in respect of this matter.
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