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Simple English definitions for legal terms
ambiguitas latens
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A quick definition of ambiguitas latens:
Ambiguity means not being sure what something means or what someone intends. It can happen in contracts or laws when the words used are not clear. There are two types of ambiguity: patent ambiguity, which is when the words themselves are unclear, and latent ambiguity, which is when the words seem clear but something else makes their meaning uncertain. This can cause problems when trying to apply or execute the contract or law.A more thorough explanation:
Definition: Ambiguitas latens refers to a type of ambiguity that does not appear in the language of a document but arises from a collateral matter when the document's terms are applied or executed. It is also known as latent ambiguity or extrinsic ambiguity.
Examples:
- A contract states that a shipment will be delivered to the "Peerless," but there are two ships with that name. This creates a latent ambiguity because the document's terms are unclear when applied to the real-world situation.
- A will leaves a bequest to "my cousin John," but the testator had two cousins named John. This creates a latent ambiguity because the document's terms are unclear when applied to the testator's family relationships.
These examples illustrate how latent ambiguity can arise from external factors that are not explicitly stated in the document. The ambiguity only becomes apparent when the document's terms are applied to the real-world situation, and it can create confusion or disputes between parties.