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NeCede's

Maxim 10.3.4

A latent ambiguity may be supplied by proof; for what arises in ambiguity from an extrinsic fact is removed by proof of the fact.

Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur.

Source: Bacon, Max. reg. 23; 2 Kent, Comm. 557; Broom, Max. 608 Difficulty 2/5 — Approachable

Explanation

Where an instrument appears clear on its face but becomes ambiguous when applied to the facts, extrinsic evidence may be admitted to resolve the doubt.

Where this applies

  • The contract looks clear on paper but when applied to the actual facts it becomes ambiguous.
  • There's a hidden ambiguity that only shows up when you try to apply the document to reality.
  • Outside evidence should be allowed to clear up an ambiguity that isn't visible on the face of the document.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 10.3.4 — A latent ambiguity may be supplied by proof; for what arises in ambiguity from an extrinsic fact is removed by proof of the fact. — Bacon, Max. reg. 23; 2 Kent, Comm. 557; Broom, Max. 608 (Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur.)

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