1 / 5

Ambiguity

Ambiguity. 1. Patent Ambiguity. Ambiguous on its face “I leave &^,#@( to Erica Evans.” “I leave my zdcix to Chad Decker.” “I leave _____________ to Ryan Nichols.”. 2. Latent Ambiguity. Makes sense on face but cannot be carried out as written. Hultquist v. Ring – p. 199

havily
Télécharger la présentation

Ambiguity

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Ambiguity

  2. 1. Patent Ambiguity • Ambiguous on its face • “I leave &^,#@( to Erica Evans.” • “I leave my zdcix to Chad Decker.” • “I leave _____________ to Ryan Nichols.”

  3. 2. Latent Ambiguity • Makes sense on face but cannot be carried out as written. • Hultquist v. Ring – p. 199 • In re Estate of Cohorn – p. 202

  4. 3. No Apparent Ambiguity • Meaning is clear but can extrinsic evidence be used to “create” an ambiguity? • Gilkey v. Chambers – p. 204 • San Antonio Area Foundation v. Lang – p. 209

  5. Who decides? • Is will ambiguous? – Court • If unambiguous – Court decides meaning • If ambiguous – Fact finder (jury) decides facts needed to resolve ambiguity

More Related