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Ambiguitas Verborum Latens Verificatione Suppletur; Nam Quod Ex Facto Oritur Ambiguum Verificatione Facti Tollitur
Understanding Ambiguitas Verborum Latens Verificatione Suppletur; Nam Quod Ex Facto Oritur Ambiguum Verificatione Facti Tollitur in Legal Context
Definition & Meaning
The phrase latent ambiguity refers to a situation where a statement or document appears clear on its face but has an underlying uncertainty due to external factors. This legal maxim, "Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur," emphasizes that such ambiguities can be clarified through evidence. Essentially, if the ambiguity arises from facts outside the document, those facts can be used to resolve the confusion.
Table of content
Legal Use & context
Latent ambiguity is often encountered in various areas of law, including:
Contract Law: When the terms of a contract are interpreted differently by the parties involved.
Property Law: In conveyances where the intent of the grantor is unclear due to external circumstances.
Wills and Estates: Where the intentions of the deceased may be disputed based on external evidence.
Users can manage some situations involving latent ambiguity with the help of legal templates from US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A property deed states that a house is to be transferred to "my children." If the grantor has multiple children, the intent may be ambiguous. Evidence may clarify which children were intended to receive the property.
Example 2: A will specifies that a person's estate should be divided among "my heirs." If the deceased had children and a spouse, the term "heirs" could lead to disputes, which may be resolved by examining the deceased's intent through external evidence. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Application of Latent Ambiguity
California
Allows extrinsic evidence to clarify latent ambiguities in contracts.
New York
Similar approach, but courts may be stricter about the type of evidence allowed.
Texas
Recognizes latent ambiguity but may require clear intent to be shown through evidence.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Patent Ambiguity
Ambiguity that is evident on the face of a document and does not require external evidence to identify.
Latent Ambiguity
Ambiguity that is not apparent from the document itself but arises from external facts.
Common misunderstandings
What to do if this term applies to you
If you find yourself dealing with a latent ambiguity, consider the following steps:
Gather relevant documents and evidence that may clarify the ambiguity.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that can assist in drafting clarifying documents.
In complex situations, professional legal help may be necessary to navigate the ambiguity effectively.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Common Areas: Contract law, property law, wills and estates.
Resolution Method: Evidence from external facts.
Legal Templates: Available through US Legal Forms.
Key takeaways
Frequently asked questions
Latent ambiguity is not obvious from the document and requires external evidence to clarify, while patent ambiguity is clear on the face of the document.
No, the evidence must be relevant and appropriate to the specific ambiguity in question.
Gather relevant external evidence and consult with a legal professional for guidance on how to proceed.