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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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10:29
how come i didnt get fordham AGAIN
Yeah, shit is awful. I have friends who spend hours a day on it
m10
10:30
Sorry to hear @Eggan
BulbasaurNoLikeCardio
10:30
I think tik tok is evil and coming from a national defense background, working in PSYOP and in the intelligence community I can promise it is.
glovediedthisishismom
10:30
5318008 now look at it upside down ;)
snow
10:31
tik tok and youtube reals has fried my brain
babycat
10:31
@glovediedthisishismom: boobies!!!
so off topic but dude eggan the weather here in nyc is insane
babycat
10:31
@BulbasaurNoLikeCardio: I wonder if you know my local psyops guy
m10
10:32
@BulbasaurNoLikeCardio: Yeah but like half the general officers are compromised so we might as well just give this country to China already. The head of the JAG corps used to tell us how much he loved Tiktok and he was a 1 star. These people should be court martialed. I hope Trump follows through on that promise the most.
it was 80 degrees three days ago and now it's like pouring rain sleet and wind
babycat
10:32
@jackfrost11770: we all living the same weather. I’m abt to go to the gym
babycat
10:32
I’m listening to car seat headrest
it's the worst when the weather is this shit and there isn't even any snow like at least let it be aesthetic (although snow in nyc is the opposite of that)
snow
10:33
india ass band
10:33
checking in on Wake Forest. Y'all heard anything?
LSDFan
10:34
@m10 are you FLEP
m10
10:34
@LSDFan: nah lol, I am just using my GI Bill. I do not feel like going back.
LSDFan
10:34
good call
BulbasaurNoLikeCardio
10:34
@m10: 110% agree, china has a truly amazing HUMINT network and espionage skills that much of our military is infiltrated or committing willful negligence of duty in prevent and protection. @babycat: PSYOP is pretty small on the AD side but I left the community to go play with Apaches and drones in 2018/19
10:35
Daily check in , stay chillin
10:35
anyone touring hls today?
10:35
Same @m10
10:36
also my softs are bordering t3-t2. would it be worth for me to R+R if im trying for t4
soap
10:36
Maybe see where you get in, then R&R if you feel it’s necessary?
m10
10:36
Psyop guys will try and convince you they are like secret masterminds. I had this one guy whose wife would call me every week and she would tell me about how her husband just like disappeared and could not be found cus he was a specialy trained psyop officer. I found his phone number and called him the same day online. That woman was gaslit so hard.
babycat
10:37
is t4 HYSC? yeah prob your odds are not too great for those with 3.7 and 171 unless you’re really extraordinary
WorthlessAttractiveZombie
10:37
I agree with soap on this one, just wait it out and see where you get into. You could always transfer (although I wouldn't go in with the intention of transferring)
soap
10:37
Transferring is hard and you don’t get money. I wouldn’t do anything with the intent of transferring
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