Latent - Law Dictionary Search Results
Home Dictionary Name: latentLatent defect
Latent defect. A defect which could not previously to an accident have been avoided by care or discovered by reasonable examination. A carrier of passengers is not liable for injury to them arising from a latent defect in his coach, Redhead v. Midland Ry. Co., (1869) LR 4 QB 379. Upon sale of goods, the seller will be answerable for a latent defect if the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required so as to show that the buyer relies on the seller's skill or judgment (Sale of Goods Act, 1893 (56 & 57 Vict. c. 71), s. 14. See Frost v. Aylesbury Dairy Co., (1905) 1 KB 608....
latent
latent : existing in hidden or dormant form but usually capable of being brought to light compare patent ...
latent ambiguity
latent ambiguity : an uncertainty which does not appear on the face of a legal instrument (as a contract or will) but which arises from a consideration of extrinsic facts or evidence compare patent ambiguity ...
latent defect
latent defect ...
Latent
Not visible or apparent hidden concealed secret dormant as latent springs of action...
Latent
Latent [fr. latens, Lat.], hidden, concealed; secret. See AMBIGUITY....
Ambiguity
Ambiguity, doubtfulness, double-meaning, obscurity. There are two species of ambiguity--'latent' and 'patent.' Where the words of a document as they stand are quite clear and intelligible but it turns out that they can apply equally well to two or more persons, or to two or more things, that is a 'latent ambiguity,' and parol evidence is admissible to shew which was really meant. This is not contradicting the document, because each answers the written words equally well. A 'patent ambiguity,' on the other hand, is one which appears on the face of the document and renders it unintelligible, e.g., a legacy of 100l. to ___. No parol evidence is admissible to supply the missing name; but see Watcham v. A.G. of East Africa, 1919 AC 533 (Powell on Evidence). The rule is expressed accordingly in the two following Latin maxims:Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur. Bacon.--(a hidden ambiguity of the words may be suppl...
condition
condition 1 : an uncertain future act or event whose occurrence or nonoccurrence determines the rights or obligations of a party under a legal instrument and esp. a contract ;also : a clause in the instrument describing the act or event and its effect concurrent condition : a condition that is to be fulfilled by one party at the same time that a mutual condition is to be fulfilled by another party condition implied in law : constructive condition in this entry condition precedent [-pri-sēd-nt, -pre-sə-dənt] : a condition that must be fulfilled before performance under a contract can become due, an estate can vest, or a right can become effective condition subsequent : a condition whose fulfillment defeats or modifies an estate or right already in effect or vested or discharges an already existing duty under a contract constructive condition : a condition created by operation of law called also condition implied in law compare express condition in this entry e...
inherent defect
inherent defect : latent defect ...
patent
patent [Anglo-French, from Latin patent- patens, from present participle of patēre to be open] 1 a : open to public inspection see also letters patent at letter b : secured or protected by a patent [a nonexclusive license to produce and sell the product] [sought to enforce her rights against infringement] 2 : of, relating to, or concerned with the granting of patents esp. for inventions [a lawyer] [involved in litigation] 3 : readily seen, discovered, or understood [a defect] [if no bad faith or abuse is ] compare latent pat·ent·ly adv [pat-nt] n 1 : an official document conferring a right or privilege : letters patent at letter 2 a : the right to exclude others from making, using, or selling an invention or products made by an invented process that is granted to an inventor and his or her heirs or assigns for a term of years see also intellectual property at property compare copyright, trademark NOTE: A patent may be granted for a process, act, or method t...
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