Maxim 10.3.5
A patent ambiguity cannot be cleared up by extrinsic evidence.
Ambiguitas verborum patens nulla verificatione excluditur.
Source: Lofft 249; Bacon, Max. reg. 25; Broom, Max. 619; Weisman, 6b; Weisman, 6c
Difficulty 2/5 — Approachable
Explanation
Where the ambiguity is apparent on the face of the instrument itself, the defect must be cured by the instrument's own language or not at all; outside evidence is inadmissible.
Where this applies
- The document is ambiguous on its face and outside evidence can't fix it.
- The confusion is right there in the text and no external proof can cure it.
- When the ambiguity is obvious from reading the instrument itself, extrinsic evidence is not admissible.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 10.3.5 — A patent ambiguity cannot be cleared up by extrinsic evidence. — Lofft 249; Bacon, Max. reg. 25; Broom, Max. 619; Weisman, 6b; Weisman, 6c (Ambiguitas verborum patens nulla verificatione excluditur.)
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