Patent ambiguity appears on the document's face while latent ambiguity emerges on application to facts. A finding of ambiguity admits extrinsic evidence and generally creates a fact question.
Whether ambiguity exists is decided by the court.
Alternative Names:
Contractual Ambiguity|Ambiguous Language
Why it Matters?
The threshold determination is what decides summary judgment, since an unambiguous contract is construed by the court while an ambiguous one goes to the jury. Jurisdictions differ on whether extrinsic evidence may be considered in deciding whether ambiguity exists, with the four corners approach limiting the court to the document and the contextual approach permitting evidence of surrounding circumstances.
Frequently Confused with
Related terms
Frequently asked questions
Why does ambiguity decide summary judgment?
May extrinsic evidence establish ambiguity?
