latent ambiguity

latent ambiguity
uncertainty that arises when a seemingly clear written instrument is matched against an extrinsic fact, as when a description of something being sold fits two different items.
[1840-50]

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Universalium. 2010.

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Look at other dictionaries:

  • latent ambiguity — latent am·bi·gu·i·ty / ˌam bə gyü ə tē/ n: 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 Merriam… …   Law dictionary

  • latent ambiguity — n. Law uncertainty existing where language employed in an instrument is clear and appears to have but one meaning, yet outside evidence makes it capable of more than one meaning: see PATENT AMBIGUITY …   English World dictionary

  • latent ambiguity — A defect which does not appear on the face of language used or an instrument being considered. It arises when language is clear and intelligible and suggests but a single meaning, but some extrinsic fact or some extraneous evidence creates a… …   Black's law dictionary

  • latent ambiguity — A defect which does not appear on the face of language used or an instrument being considered. It arises when language is clear and intelligible and suggests but a single meaning, but some extrinsic fact or some extraneous evidence creates a… …   Black's law dictionary

  • latent ambiguity — An ambiguity in a writing which does not appear until the writing is applied to the circumstances. Putnam v Bond, 100 Mass 58, 60. An uncertainty in an instrument which does not appear on the face, but which is shown to exist for the first time… …   Ballentine's law dictionary

  • latent ambiguity — noun : an uncertainty which does not appear upon the face of a legal instrument but arises from evidence aliunde : an uncertainty not involved in words themselves but arising from outside matters opposed to patent ambiguity * * * Law. uncertainty …   Useful english dictionary

  • ambiguity — I noun abstruseness, ambiguitas, bafflement, bewilderment, confounded meaning, confused meaning, confusion, disconcertion, doubtful meaning, doubtfulness, dubiety, dubiousness, duplexity in meaning, equivocalness, equivocation, incertitude,… …   Law dictionary

  • Ambiguity (law) — Ambiguity, in law, is of two kinds, patent and latent. Patent ambiguity is that ambiguity which is apparent on the face of an instrument to any one perusing it, even if he be unacquainted with the circumstances of the parties. In the case of a… …   Wikipedia

  • latent — la·tent / lāt ənt/ adj: existing in hidden or dormant form but usu. capable of being brought to light compare patent Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • ambiguity — /aembsgyuwatiy/ Doubtfulness; doubleness of meaning. Duplicity, indistinctness, or uncertainty of meaning of an expression used in a written instrument. Want of clearness or definiteness; difficult to comprehend or distinguish; of doubtful import …   Black's law dictionary

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