Online Encyclopedia

Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.

AMBIGUITY (Fr. ambiguite, med. Lat. a...

Online Encyclopedia
Originally appearing in Volume V01, Page 795 of the 1911 Encyclopedia Britannica.
Spread the word: del.icio.us del.icio.us it!

See also:

AMBIGUITY (Fr. ambiguite, med. See also:Lat. ambiguitas, from Lat. ambiguus, doubtful; ambi, both ways, agere, to drive)  , doubtfulness or uncertainty . In See also:law an See also:ambiguity as to the meaning of the words of a written See also:instrument may be of considerable importance . Ambiguity, in law, is of two kinds, patent and latent . (I) Patent ambiguity is that ambiguity which is apparent on the See also:face of an instrument to any one perusing it, even if he be unacquainted with the circumstances of the parties . In the See also:case of a patent ambiguity parol See also:evidence is admissible to explain only what has been written, not what it was intended to write . For example, in See also:Saunderson v . See also:Piper, 1839, 5 B.N.C . 425, where a See also:bill was See also:drawn in figures for £245 and in words for two See also:hundred pounds, evidence that " and See also:forty-five " had been omitted by See also:mistake was rejected . But where it appears from the See also:general context of the instrument what the parties really meant, the instrument will be construed as if there was no ambiguity, as in Saye and Sele's case, to Mod . 46, where the name of the grantor had been omitted in the operative See also:part of a See also:grant, but, as it was clear from another part of the grant who he was, the See also:deed was held to be valid . (2) Latent ambiguity is where the wording of an instrument is on the face of it clear and intelligible, but may, at the same See also:time, apply equally to two different things or subject matters, as where a See also:legacy is given to my See also:nephew, See also:John," and the testator is shown to have two nephews of that name . A latent ambiguity may be explained by parol evidence, for, as the ambiguity has been brought about by circumstances 'extraneous to the instrument, the explanation must necessarily be sought for from such circumstances .

End of Article: AMBIGUITY (Fr. ambiguite, med. Lat. ambiguitas, from Lat. ambiguus, doubtful; ambi, both ways, agere, to drive)
[back]
AMBIGU
[next]
AMBIORIX

Additional information and Comments

There are no comments yet for this article.
» Add information or comments to this article.
Please link directly to this article:
Highlight the code below, right click and select "copy." Paste it into a website, email, or other HTML document.