“Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur” is a legal maxim which translates to “A latent ambiguity in wording is resolved by evidence; for whatever ambiguity arises from an extrinsic fact is resolved by extrinsic evidence.”
This principle is primarily used in contract law and the interpretation of legal documents. Let’s explore its components and implications:
- Latent Ambiguity: A latent ambiguity is one that is not apparent on the face of the document but becomes evident when attempting to apply the document to external circumstances. Unlike a patent ambiguity, which is obvious upon reading the document, a latent ambiguity arises from external factors or situations that make the interpretation of the document unclear.
- Resolution by Extrinsic Evidence: The maxim suggests that when a latent ambiguity exists, it can be resolved by looking at evidence outside of the document itself. This extrinsic evidence can include the circumstances under which the agreement was made, the conduct of the parties, and other relevant external factors.
- Application in Legal Contexts: This principle is particularly important in the interpretation of contracts, wills, and other legal documents. For example, if a will refers to a beneficiary simply as “my nephew” and the testator has several nephews, this latent ambiguity can be resolved by looking at external evidence to determine which nephew the testator intended.
- Encouragement of Clear Drafting: The principle serves to encourage clear and precise drafting of legal documents. By recognizing that ambiguities can be resolved through extrinsic evidence, it highlights the importance of anticipating various interpretations and contexts in which a document can be read.
- Legal Implications: In court, when a latent ambiguity is identified in a legal document, the parties involved may present extrinsic evidence to clarify the intention behind the ambiguous terms. The court will then interpret the document considering this evidence.
In summary, “Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur” underscores the resolution of latent ambiguities in legal documents through the use of extrinsic evidence.
It emphasizes the importance of context and external circumstances in interpreting legal texts where the intended meaning is not clear from the document alone.
