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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
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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:
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