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NeCede's

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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