Home (Ambiguity)
Home  
 
 
Home » Law » Ambiguity


 

Ambiguity

Law AmbassadorAmbulatory

Ambiguity When language in an agreement has more than one meaning. Patent ambiguity occurs when the language of the document itself is ambiguous. Latent ambiguity is not readily apparent, but arises in connection with external circumstances.

 


Ambiguity definition:
Where a word or phrase is capable of two or more meanings and which, in the context, raises doubt or uncertainty as to which is intended.

Ambiguity
n. a criminal law procedure which involves the calling of the defendant to the court, after charges are filed against him. It consists of three parts, viz, 1.) he is called upon by the court and his identity is established, 2.) the whole ...

AMBIGUITY - When an expression has been used in an instrument of writing which may be understood in more than one sense, it is said there is an ambiguity.
There are two sorts of amiguities of words, ambiguitas latens and ambiguitas patens.

Patent Ambiguity: An obvious inconsistency in the language of a written document.
Peremptory Challenge: A challenge to a particular juror that requires no reason. Normally an attorney has a limited number of these challenges.

ambiguity
n. when language has more than one meaning. If the ambiguity is obvious it is called "patent," and if there is a hidden ambiguity it is called "latent.

The ambiguity that made for successful compromise provided little guidance for actually organizing the NSC.

Latent ambiguity
Definition - Noun
: an uncertainty which does not appear on the face of a legal instrument (as a contract or will) but which arises from a consideration of extrinsic facts or evidence
compare patent ambiguity ...

A latent ambiguity may be explained by parol evidence, but the rule is, different with regard to a patent abiguity, which cannot be explained by parol proof.

1 In English speech another ambiguity is happily wanting which in many languages besets the phrase expressing " a right." The Latin " jus.

This is the rule in contract law that is applied when interpreting a clause, especially an exclusion clause, in an action that says that, where ambiguity as to a terms meaning exists, it should be read against the party who wrote it.

e. by prescription, tenure, enclosure, dedication.
(b) Privately owned, may be a highway.
(c) Private use road.
Due to this ambiguity, 'Private use', or 'Private maintenance' is a preferable term.

Not observable; not apparent: as, latent defrects in an article of merchandise or machinery, or in an animal. See Caveat, Emptor; Negligence. 2. Applying equally to two or more different things; opposed to patent: as, a latent ambiguity.

See also: Law, State, Contra, Court, Person

Law AmbassadorAmbulatory

 
 rssRSS