latent ambiguity

noun

, Law.

uncertainty that arises when a seemingly clear written instrument is matched against an extrinsic fact, as when a description of something being sold fits two different items.

First recorded in 1840–50

In New York, the courts adhere to the English rule, and admit no extrinsic evidence, except to explain a latent ambiguity.

Where there is a latent ambiguity arising dehors the will, as to the person or subject meant to be described; and 2d.

In the present use of the words there is always a latent ambiguity.

April 20, 2024flabbergast

[flab-er-gast ]

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