NCEES Principles and Practice of Surveying Practice Exam

What is the primary characteristic of latent ambiguity?

1. It is easily discernible

2. It requires external evidence to clarify

3. It contradicts the main text

4. It is common in real estate contracts

The correct answer is: It requires external evidence to clarify

Latent ambiguity refers to a situation in documents, such as contracts, where the language appears clear at first glance but becomes unclear when applied to specific circumstances. It does not present itself until examined in the context of particular facts. The primary characteristic of latent ambiguity is that it requires external evidence to clarify the meaning. This external evidence may include additional information, historical context, or supplementary documentation that clarifies the ambiguity present in the text. Given that latent ambiguity often arises from how terms are interpreted when applied to real-world scenarios, understanding what external evidence might apply is essential for resolving any confusion. In contrast, other choices do not accurately reflect the nature of latent ambiguity. For example, being easily discernible would imply clarity rather than ambiguity. A contradiction in the main text refers to a different type of ambiguity, known as patent ambiguity, where the conflict is apparent within the language itself. Finally, while latent ambiguity can be found in real estate contracts, it is not exclusive or common to them; it can arise in various legal documents. Thus, the essence of latent ambiguity lies in its reliance on external evidence for resolution.