Question

Patent ambiguity in interpreting documents renders it

• A. Curable
• B. In-curable
• C. Curable and incurable
• D. none of the above

Hint:

Remember the Latin maxim: \textit{Ambiguitas patens is incurable.} An easy way to remember is: If the problem is \textbf{P}atently obvious on the page, the court won't help you fix it. If the problem is \textbf{L}atent (hidden), the court will \textbf{L}et you bring in evidence to explain it.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question is about a rule of interpretation for documents under the Indian Evidence Act, 1872. An ambiguity is an uncertainty of meaning in the language of a document. The Act distinguishes between two types of ambiguities: patent and latent.
Step 2: Detailed Explanation:
Patent Ambiguity (\textit{Ambiguitas Patens}): \begin{itemize} \item This is an ambiguity that is obvious or apparent on the very face of the document. The defect is inherent in the language used. \item Section 93 of the Indian Evidence Act deals with this. It states: "When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects." \item For example, if a deed says "A agrees to sell to B his white horse for rupees one thousand or rupees two thousand," the price is ambiguous on the face of it. The court will not allow oral evidence to show which price was intended. \item Because extrinsic evidence is not allowed to clarify the ambiguity, a patent ambiguity is considered incurable. The document may be rendered void for uncertainty. \end{itemize} Latent Ambiguity (\textit{Ambiguitas Latens}): \begin{itemize} \item This is a hidden ambiguity. The language of the document is clear on its face, but the ambiguity arises when the language is applied to the external facts. \item This is dealt with in Sections 95, 96, and 97. For example, "A agrees to sell to B 'my house in Kolkata'." If A has multiple houses in Kolkata, a latent ambiguity arises. \item In such cases, extrinsic evidence is admissible to show which house was intended. Therefore, a latent ambiguity is curable. \end{itemize}
Step 3: Final Answer:
A patent ambiguity in a document is considered In-curable because extrinsic evidence cannot be admitted to explain or remove it.