Also known as: latens · latently · hidden · ambiguitas latens
Written by attorneys · grounded in primary & secondary sources — see below
A condition, defect, or ambiguity that is hidden from ordinary observation or not apparent from the face of a document or the circumstances.
Lila Lin was detained on a street corner after an informant reported a concealed firearm. The officer reached directly into her waistband and recovered the gun. The discovery confirmed the presence of a latent threat that justified the limited intrusion.
Lars Lindstrom stored valuable equipment in a warehouse that authorities suspected was subject to forfeiture. Agents seized the items without prior notice because the property could be quickly moved or hidden. The court later upheld the seizure of the latent assets subject to post-seizure safeguards.
Select any source to read its text and confirm it supports the definition.
Lillian Locke left a will devising a lot she did not own. Extrinsic evidence showed the description closely matched a different parcel she actually held. The court used that evidence to resolve the latent ambiguity and pass the intended property.
Lola Langley bought a new car whose steering mechanism contained a hidden manufacturing defect. An expert later confirmed the flaw could not have been found by reasonable inspection. The defect's latent nature supported her claim despite the warranty disclaimer.
Luna Lang's attorney prepared interview notes that remained shielded from discovery. Opposing counsel sought the materials but could not show substantial need. The notes stayed protected because their content was latent and not otherwise available.
Landon Long exercised peremptory strikes during jury selection in a civil trial. The opposing party challenged the strikes as race-based. The court required a neutral explanation because the motivation could be latent and required scrutiny under equal-protection standards.
A latent ambiguity is not apparent from the text alone but emerges from extrinsic evidence showing multiple possible meanings. A patent ambiguity appears directly on the face of the document. Courts may use extrinsic evidence to resolve either type once ambiguity is established.
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A manufacturing defect is latent when it cannot be discovered through reasonable inspection at the time of purchase or use. The Henningsen case illustrates that such hidden flaws support liability even when a warranty disclaimer exists.
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Yes. When the description in a donative document does not match any property the donor owns, extrinsic evidence may show the description fits another parcel the donor actually held and intended to convey. The court may then construe the document to pass the intended property.
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…broken. He said that the break was due to a defect in the manufacture of the steering mechanism. He said that the defect was a latent one and that it could not have been discovered by a reasonable inspection. At the conclusion of the plaintiffs' case the defendants moved for a dismissal of the complaint. The trial court…