Extrinsic ambiguity, also known as latent ambiguity, occurs when a word or phrase in a contract or law is unclear and can have multiple meanings that only become apparent when applied or executed. This differs from patent ambiguity, which is obvious from the language itself. Extrinsic ambiguity can lead to confusion and disputes, often requiring a judge to determine the true meaning of the word or phrase.
Extrinsic ambiguity, also known as latent ambiguity, occurs when the meaning of a word or phrase is unclear due to external factors such as context or interpretation. For instance, in a contract, the term “the warehouse” may be ambiguous if it is unclear which warehouse is being referred to. Similarly, a will leaving property to “my sister” may be ambiguous if the testator had more than one sister. These examples demonstrate how extrinsic ambiguity can lead to uncertainty and confusion in legal documents, often requiring additional evidence or interpretation to resolve.
Extrinsic ambiguity refers to a situation where the language used in a legal document or contract is unclear or can be interpreted in multiple ways.
Extrinsic ambiguity can lead to disputes and disagreements between parties involved in a legal agreement, as each party may have a different interpretation of the ambiguous language.
Yes, extrinsic evidence such as witness testimony, expert opinions, or prior negotiations can be used to clarify the meaning of ambiguous language in a legal agreement.
Courts may consider various factors, including the context in which the agreement was made, the parties’ conduct and course of dealing, industry customs, and the overall purpose of the agreement.
Yes, if the parties cannot reach a mutual understanding through negotiation or alternative dispute resolution methods, they may resort to litigation to have a court interpret and resolve the extrinsic ambiguity.
While it is not always possible to completely eliminate extrinsic ambiguity, careful drafting and clear language can help minimize the chances of ambiguity arising in legal agreements.
If the extrinsic ambiguity cannot be resolved, the court may apply the rule of contra proferentem, which means that any ambiguity will be interpreted against the party who drafted the agreement.
In some cases, if the extrinsic ambiguity is so severe that it renders the contract impossible to understand or perform, a court may declare the contract void or unenforceable.
Yes, if one party can demonstrate that the ambiguous language in the agreement was not clear and led to confusion, they may use extrinsic ambiguity as a defence in a legal dispute.
Legal professionals, such as attorneys or contract specialists, can provide guidance and expertise in interpreting and resolving extrinsic ambiguity in legal agreements, helping parties navigate potential disputes and find mutually acceptable solutions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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