AMBIGUITY

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AMBIGUITY

AMBIGUITY, contracts, construction. When au expression has been used in an instrument of writing which may be understood in more than one sense, it issaid there is an ambiguity, 2. There are two sorts of ambiguities of words, ambiguitas latens andambiguitas patens. 3. The first occurs when the deed or instrument is sufficiently certainand free from ambiguity, but the ambiguity is produced by somethingextrinsic, or some collateral matter out of the instrument; for example, ifa man devise property to his cousin A B, and he has two cousins of thatname, in such case parol evidence will be received to explain the ambiguity. 4. The second or patent ambiguity occurs when a clause in a deed, will,or other instrument, is so defectively expressed, that a court of law, whichhas to put a construction on the instrument, is unable to collect theintention of the party. In such case, evidence of the declaration of theparty cannot be submitted to explain his intention, and the clause will bevoid for its uncertainty. In Pennsylvania, this rule is somewhat qualified.3 Binn. 587; 4 Binn. 482. Vide generally, Bac. Max. Reg. 23; 1 Phu. Ev. 410to 420; 3 Stark. Ev. 1021 ; I Com. Dig. 575; Sudg. Vend. 113. The civil lawon this subject will be found in Dig. lib. 50, t. 17, 1. 67; lib. 45, t. 1,1. 8; and lib. 22, t. 1, 1. 4.

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