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LSDefine

Simple English definitions for legal terms

latent ambiguity

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A quick definition of latent ambiguity:

Latent ambiguity is when a piece of writing seems clear, but there is more than one way to interpret it based on other information. This can happen when a description in writing could apply to more than one person, or when something important is left out. If a contract is unambiguous, it must be followed as written, unless there is evidence of latent ambiguity. This evidence can be used to explain what was meant, but it can't contradict what was written. If a court decides there is latent ambiguity, it becomes a question for a jury to decide what the parties meant.

A more thorough explanation:

Latent ambiguity is a type of ambiguity that occurs when a written document appears clear on its face, but extrinsic evidence suggests more than one way of interpretation. This ambiguity can arise from either omission or unclear language.

For example, if a contract unambiguously refers to a specific person, but extrinsic evidence shows that the description could apply to multiple people, then the contract contains latent ambiguity. Another example is when a contract uses uncertain words or phrases that could have multiple meanings.

When a contract contains unambiguous language, it must be enforced according to its terms, unless there is evidence of latent ambiguity. Parol evidence can be used to explain latent ambiguity, but it cannot contradict the written language. Whether extrinsic evidence is sufficient to raise the issue of latent ambiguity is a matter of law.

If a court decides that latent ambiguity exists, then the intention of the contracting parties becomes a jury issue.

For instance, a contract may state that a buyer will purchase a "red car" from a seller. However, extrinsic evidence shows that the seller has two red cars for sale. This creates latent ambiguity because it is unclear which red car the buyer is supposed to purchase.

Another example is a contract that states that a seller will deliver "10 units" of a product to a buyer. However, extrinsic evidence shows that the seller has two different types of units for the product. This creates latent ambiguity because it is unclear which type of unit the seller is supposed to deliver.

last will and testament | latent defect

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join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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