babycat
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LSDefine
Simple English definitions for legal terms
extrinsic ambiguity
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A quick definition of extrinsic ambiguity:
Extrinsic ambiguity is when a word or phrase in a contract or law is unclear and can have different meanings. This can happen when there is a hidden meaning that only becomes clear when the word or phrase is applied or executed. It is also called latent ambiguity. This is different from patent ambiguity, which is when the ambiguity is obvious from the language itself. Extrinsic ambiguity can cause confusion and disagreements between people, and sometimes a judge has to decide what the word or phrase really means.A more thorough explanation:
Extrinsic ambiguity is a type of ambiguity that arises when the meaning of a word or phrase is unclear due to external factors, such as the context in which it is used or the way it is interpreted. It is also known as latent ambiguity.
For example, a contract may state that a product will be delivered to "the warehouse," but it is unclear which warehouse is being referred to. This ambiguity may not be apparent from the language of the contract itself, but rather from external factors such as the location of the parties or the history of their dealings.
Another example of extrinsic ambiguity is when a will leaves property to "my sister." If the testator had more than one sister, it is unclear which sister is being referred to.
These examples illustrate how extrinsic ambiguity can create uncertainty and confusion in legal documents, and how it may require additional evidence or interpretation to resolve.