Ambiguity

[Lat. am Uguitas, q. v.] Doubtfulness, imcertainty or obscurity of meaning. Ambiguity in written instruments is either /xi^en/, (patens,) that is, open or apparent; or latent, (latens,) hidden or concealed. A patent ambiguity is one which appears on the face of the instrument itself, and renders it ambiguous and unintelligible; as if, in a will, there were a blank left for the devisee's name.

Broom's Max. 261. Smith on Contracts, 28. Bacon's Max. 90, regula 23.

See Amhiguitas. A latent ambiguity is where the instrument itself is, on the face of it, intelligible enough, but a difficulty arises in ascertaining the identity of the subject matter to which it applies; the ambiguity appearing only in the application of it, and bemg mtroduced by evidence of something extrinsic, or by some collateral matter out of the instrument. Thus, if a devise were to J. S,, without further description, the ambiguity would lie kid until evidence had been produced showing that there was a great number of persons corresponding m name with the devisee, and then it would arise; H becoming a matter of doubt which J. S, was meant.* Bxpom's Max, 260.

Smith on Contracts, 29. 1 Man. d; Gr.l1,lS, notes. 2 Kent's Com. 556. Marshall, C. J., 4^ Cranch B. 224.

A latent ambiguity may be explained by 0 I extrinsic or parol evidence, h Mi 9k patent ambiguity, in general, cannot. Broom's Max. ub. sup.

2 Xent's Com. ub. sup. 1 Steph. Com. 463.

See Amhiguitas.

See Amhiguitas.