Legal Definitions - patent ambiguity

A patent ambiguity refers to an unclear or contradictory statement within a legal document that is immediately obvious just by reading the document itself. The problem arises directly from the words used, making the meaning uncertain without needing any additional information or context from outside the document.

• Example 1: A Sales Contract

  Imagine a sales contract for a custom-built boat that includes a clause stating, "The buyer agrees to pay the remaining balance of $50,000 on June 1st, 2024, but also stipulates that payment is due on July 1st, 2024."

  This is a patent ambiguity because the contract explicitly provides two different, conflicting due dates for the same payment. Anyone reading this clause would immediately recognize the contradiction without needing to ask the parties involved or look at other documents. The ambiguity is "on the face" of the contract itself.

• Example 2: A Last Will and Testament

  Consider a will that contains a clause stating, "I bequeath my entire collection of rare coins to my nephew, Michael, but also to my niece, Emily."

  This presents a patent ambiguity because the will simultaneously grants the same specific property (the coin collection) to two different individuals without any further clarification or division. The conflict is evident directly from the wording of the will itself, making it impossible to determine the testator's true intent for that specific item based solely on the document.

• Example 3: A Property Deed

  Suppose a property deed describes a boundary as "starting at the old oak tree, proceeding 100 feet north, then 50 feet west, then 100 feet south, and finally 200 feet east back to the old oak tree."

  When someone attempts to map this description, they would immediately see that the final leg (200 feet east) does not return to the starting point if the other measurements are accurate, creating an open shape rather than a closed parcel. The mathematical inconsistency is apparent from the text of the deed itself, indicating a clear error or ambiguity in the description of the property boundaries.