What is the meaning of a latent ambiguity?
Latent ambiguity arises when a language of the writing is clear on its face but contains ambiguity in light of the extrinsic evidence that suggests more than one way of interpretation.
What is meant by patent ambiguity?
Legal Definition of patent ambiguity : an ambiguity in a legal document (as a contract or will) that is apparent on the face of the document and arises from inconsistent or uncertain language — compare latent ambiguity.
What is the legal definition of ambiguity?
Uncertainty or doubtfulness of the meaning of language. When language is capable of being understood in more than one way by a reasonable person, ambiguity exists. It is not the use of peculiar words or of common words used in a peculiar sense.
What is latent ambiguity in Indian Evidence Act?
Latent ambiguity: As oral evidence is allowed, it does not make the document useless. Patent ambiguity: It is personal in nature, related to the person executing it. Latent ambiguity: It is objective in nature, related to the present circumstances.
What do you mean by latent and patent ambiguity?
A patent ambiguity is when the language of the document or deed is uncertain. The latent ambiguity is an ambiguity which is not present in the deed but it arises due to extrinsic factors.
What is the difference between patent ambiguity and latent ambiguity?
What is the difference between patent and latent evidence?
An ambiguity in a contract may be said to be “patent” or “latent.” A patent ambiguityis evident on the face of the contract. A latent ambiguity arises when a contract which is unambiguous on its face is applied to the subject matter with which it deals and an ambiguity appears by reason of some collateral matter.
What is the difference between a patent ambiguity and a latent ambiguity?
“A patent ambiguity is an uncertainty which appears on the face of the [instrument].” Estate of Russell, supra, 69 Cal. 2d at 207. By contrast, a “latent ambiguity is one which is not apparent on the face of the [instrument] but is disclosed by some fact collateral to it.” Id.
What is patent ambiguity?
Patent ambiguity refers to uncertainty on the face of a legal document. This gives the agreement or contract an indefinite meaning. When a document includes a patent ambiguity, no external evidence can show the testator’s intention, which remains unclear.
How do you resolve ambiguity in a legal document?
Assuming an ambiguity allows the court to rewrite the document in question. When considering evidence to resolve an ambiguity, courts don’t allow legal representatives to rewrite or add words to a document. Instead, they may use evidence to interpret the testator’s intention only.
What companies are accused of latent ambiguities?
Companies such as IAP, Singleton Enterprises, Deco Security Services, Input Solutions, Inc., Ashe Facility Services, Inc. Ashland Sales and Service Company, and The Arora Group, Inc. all alleged latent ambiguities against government agencies as well. Latent ambiguities also arise in last wills and testaments.
What happens if there is ambiguous language in a contract?
Normally, ambiguous language in a contract is interpreted against the party that created it. In the case of public construction contracts, it’s the contractor’s responsibility to name and resolve ambiguities before signing the contract. After signing, contractors can argue only latent ambiguities.