Legal Definitions - intrinsic ambiguity

Intrinsic ambiguity (also known as patent ambiguity) refers to an unclear or contradictory statement within a legal document that is evident simply by reading the document itself, without needing any external information or context to identify the problem. The ambiguity is "on the face" of the document, meaning the document's own words create the confusion or conflict.

• Example 1: Conflicting Contract Clauses

  Imagine a commercial lease agreement that states in one clause, "The tenant shall pay a monthly rent of $2,000," but in a subsequent clause within the very same document, it states, "The total annual rent for the premises is $30,000, payable in twelve equal monthly installments."

  This illustrates intrinsic ambiguity because, by simply reading the two clauses, it's immediately clear there's a conflict regarding the monthly rent amount ($2,000 vs. $2,500, derived from $30,000/12). No outside information about the parties' negotiations or market rates is needed to spot this inconsistency; it arises directly from the words within the contract itself.

• Example 2: Contradictory Provisions in a Will

  Consider a will that contains a provision stating, "I bequeath my entire collection of rare stamps to my son, Michael," and later in the same document, another provision states, "I bequeath all my personal property, including my rare stamp collection, to my daughter, Emily."

  The ambiguity here is intrinsic because the will itself contains two directly contradictory instructions regarding the rare stamp collection. A reader doesn't need to know anything about the deceased's intentions or other assets to see that the will gives the same item to two different beneficiaries. The conflict is apparent from the document's own text.

• Example 3: Inconsistent Regulatory Language

  A new municipal ordinance states, "All retail businesses must close by 9:00 PM on weekdays," but a subsequent section within the same ordinance states, "Grocery stores are permitted to operate until 11:00 PM every day of the week."

  This ordinance exhibits intrinsic ambiguity because the two provisions, when read together, create an immediate conflict for grocery stores. One clause dictates a 9:00 PM weekday closing, while another explicitly allows them to operate until 11:00 PM every day. The inconsistency is apparent from the text of the ordinance itself, without needing to consult external regulations or legislative history.