What does ambiguity mean in legal terms?

From Wikipedia, the free encyclopedia. Ambiguity occurs when a single word or phrase may be interpreted in two or more ways. As law frequently involves lengthy, complex texts, ambiguity is common. Thus, courts have evolved various doctrines for dealing with cases in which legal texts are ambiguous.

How is ambiguity used in law?

In the law of contracts, ambiguity means more than that the language has more than one meaning upon which reasonable persons could differ. If there is no such evidence, the court may hear evidence of the subjective intention or understanding of the parties to clarify the ambiguity.

What is ambiguity philosophy?

‘Ambiguity’, as used by philosophers of language and linguists, refers to a more specific phenomenon than that of multiple permissible interpretations. Distinguishing ambiguity from these related phenomenon can be a difficult and tendentious (and sometimes tedious!) affair.

What determines ambiguity?

When language is capable of being understood in more than one way by a reasonable person, ambiguity exists. It is not the use of peculiar words or of common words used in a peculiar sense. Words are ambiguous when their significance is unclear to persons with competent knowledge and skill to understand them.

Why do ambiguities happen?

Semantic and syntactic ambiguity Syntactic ambiguity arises when a sentence can have two (or more) different meanings because of the structure of the sentence—its syntax. This is often due to a modifying expression, such as a prepositional phrase, the application of which is unclear.

What is the definition of ambiguity in law?

Ambiguity Law and Legal Definition. There are two types of ambiguities- latent and patent. Latent ambiguity refers to an ambiguity that does not readily appear in the language of a document, but arises from a collateral matter when the document’s terms are applied or executed. For example, when a man devise property to his cousin A B,…

Which is the best definition of patent ambiguity?

A patent ambiguity is one that appears on the face of a document or writing because uncertain or obscure language has been used. In the law of contracts, ambiguity means more than that the language has more than one meaning upon which reasonable persons could differ.

When does ambiguity no longer exist in a contract?

If both parties knew or should have known of the uncertainty, the court will look to the subjective understanding of both. The ambiguity no longer exists if the parties agree upon its meaning. If the parties disagree and the ambiguous provisions are material, no contract is formed because of lack of mutual assent.

Which is the best definition of latent ambiguity?

There are two categories of ambiguity: latent and patent. Latent ambiguity exists when the language used is clear and intelligible so that it suggests one meaning but some extrinsic fact or evidence creates a need for interpretation or a choice among two or more possible meanings. In a classic case, Raffles v. Wichelhaus, 159 Eng.