Sometimes courts decide the meaning of ambiguous language based on who was responsible or to blame for the ambiguity. If only one party knew or should have known about the ambiguity, the subjective knowledge of the unsuspecting party will prevail over the meaning. If both parties knew or should have been aware of the uncertainty, the court will consider the subjective understanding of both parties. Ambiguity no longer exists when the parties agree on its meaning. If the parties do not agree and the ambiguous provisions are essential, no contract is concluded without mutual consent. When language can be understood by a reasonable person in more than one way, there is ambiguity. It is not the use of particular words or ordinary words used in a particular sense. Words are ambiguous when their meaning is not clear to people with competent knowledge and the ability to understand them. Uncertainty or doubt about the meaning of the language. “Imprecision” and “ambiguity” are important concepts in the theory of legal interpretation in general and, therefore, important to constitutional theory and the theory of interpretation of law. I hope this dictionary entry has clarified the distinction between these two concepts.
n. when language has more than one meaning. If the ambiguity is obvious, it is called a “patent”, and if there is a hidden ambiguity, it is called “latent”. If there is an ambiguity and the original author cannot explain it effectively, the ambiguity is decided in the light that is most favorable to the other party. In a given context, the meaning of an ambiguous term may be clear. In the phrase “He`s a cool guy,” the word “cool” probably refers to social attractiveness, not temperature. By looking at the word “cool” in the context of the entire sentence, we are able to remove ambiguity and identify the relevant meaning of “cool.” But in some contexts, the ambiguity can be difficult to resolve: “Aviation is a cold drink” could refer either to the fact that planes are served refrigerated but not iced, or to the fact that mojitos are fashionable and popular among certain social groups. The distinction between vagueness and ambiguity is related to the distinction between interpretation and construction, which is discussed in a separate entry in the Legal Theory Lexicon.
Generally speaking, the difference is that the interpretation of a text aims to restore its linguistic meaning or semantic content. Construction involves the “translation” of semantic content into legal content: we interpret a legal text, we formulate legal rules that allow the application of the text to certain cases. Ambiguities in contract law may result in the nullity or annulment of a contract, depending on the type of ambiguous language identified in the agreement. A contract may be ambiguous if the language itself, i.e. a particular term, word or phrase, is reasonably subject to more than one interpretation. If one of the parties is not clear about what is expected of them, they may argue that the contract is ambiguous. Ambiguity means that language has more than one meaning in an agreement. Cases such as this one from New York explain that ambiguity in the context of a contract is defined as “if a reasonably intelligent person who objectively examines the contract can interpret the language in more than one way.” When a contract is ambiguous, courts may use external evidence to determine the parties` original intention to understand the meaning of the language in a contract. Latent ambiguity occurs when the wording of a document is clear and understandable at first glance, but can at the same time also apply to two different things or objects, for example when a bequest is given to “my nephew John” and the testator can be proven to have two nephews of that name.
The latent ambiguity can be explained by parol evidence: the ambiguity was caused by circumstances external to the instrument, so that the explanation must necessarily be sought in such circumstances. [9] AMBIGUITY, contracts, construction. If an expression has been used in a written instrument that can be understood in more than one sense, there is said to be an ambiguity, 2. There are two types of word ambiguities, ambiguitas latens and ambiguitas patens. 3. The first occurs when the document or instrument is sufficiently secure and unambiguous, but the ambiguity is generated by something extrinsic or incidental to the instrument; For example, if a man invents the property of his cousin A B and he has two cousins of that name, in this case, a parol proof will be obtained to explain the ambiguity. 4. The second ambiguity, or obvious ambiguity, arises when a clause in a document, will or other document is so badly worded that a court required to interpret the document is unable to grasp the party`s will.
In this case, no evidence can be provided for the party`s statement to explain its intent and the clause is void due to its uncertainty. In Pennsylvania, this rule is somewhat limited.
