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NeCede's

Maxim 10.3.16

An ambiguity in a writing which will warrant the introduction of parol evidence is duplicity, indistinctness, or an uncertainty of meaning or expression, and mere omission or mistake is not an ambiguity.

Source: Beidler v. Davis, 50 N.E.2d 613, 616, 72 Ohio App. 27; 72 Ohio App; Weisman, 6k Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Only genuine ambiguity — duplicity, indistinctness, or uncertainty of expression — warrants the introduction of parol evidence; a simple omission or scrivener's error is not ambiguity and does not open the door to extrinsic proof.

Where this applies

  • A contract has a typo that leaves out the purchase price, and the buyer wants to introduce testimony about what price was discussed — but a missing price is an omission, not an ambiguity, so parol evidence doesn't come in.
  • A deed accidentally omits the lot number, and the buyer tries to bring in oral conversations to fill the gap — the court says that's a scrivener's error, not ambiguity, so the parol evidence rule blocks it.
  • A lease contains a clause that could mean either party pays for repairs — that's genuine ambiguity (doubleness of meaning), so the court allows testimony about what the parties actually intended.

Legal domains

Cite this maxim

NeCede Max. 10.3.16 — An ambiguity in a writing which will warrant the introduction of parol evidence is duplicity, indistinctness, or an uncertainty of meaning or expression, and mere omission or mistake is not an ambiguity. — Beidler v. Davis, 50 N.E.2d 613, 616, 72 Ohio App. 27; 72 Ohio App; Weisman, 6k

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