We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Ambiguitas Verborum Patens Nulla Verificatione Excluditur
Understanding Ambiguitas Verborum Patens Nulla Verificatione Excluditur in Law
Definition & Meaning
The term "ambiguitas verborum patens nulla verificatione excluditur" translates to "a patent ambiguity is never helped by averment." In simpler terms, it refers to a situation where an ambiguity in a legal document cannot be clarified or resolved through additional statements or claims. This principle emphasizes that if the language of a document is inherently unclear, attempts to explain or interpret it through external assertions will not change its meaning.
Table of content
Legal Use & context
This term is commonly used in various areas of law, including contract law, property law, and tort law. It plays a critical role in legal disputes where the interpretation of documents, such as contracts or wills, is contested. When parties disagree on the meaning of specific terms, this principle highlights that the ambiguity must be addressed within the document itself rather than relying on outside explanations. Users can manage related legal issues using templates available on US Legal Forms, designed by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
1. In a contract dispute, one party claims that a term is ambiguous. The court finds that the language in the contract is indeed unclear, and thus, no additional statements made by either party can clarify the term's meaning. This leads to the court interpreting the contract based solely on its text.
2. A will contains a vague description of property bequeathed to a beneficiary. The beneficiary attempts to clarify the intent through personal statements. However, the court rules that the ambiguity must be resolved based on the will's language alone. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Interpretation
California
California courts may consider extrinsic evidence to clarify ambiguities in contracts.
New York
New York generally adheres strictly to the text of the document without considering external statements.
Texas
Texas courts may allow some external evidence if it helps to clarify ambiguous terms.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Patent Ambiguity
Ambiguity that is apparent on the face of a document.
Patent ambiguity cannot be resolved by external statements.
Latent Ambiguity
Ambiguity that is not apparent until external evidence is introduced.
Latent ambiguity may be clarified through additional evidence.
Common misunderstandings
What to do if this term applies to you
If you find yourself dealing with an ambiguous legal document, it is essential to review the text carefully. Consider consulting a legal professional for advice specific to your situation. Additionally, you can explore US Legal Forms' ready-to-use legal form templates to help manage your legal needs effectively.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.