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LSDefine

Simple English definitions for legal terms

latent ambiguity

Read a random definition: Warranty deed

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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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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