AMBIGUITAS CONTRA STIPULATOREM EST

Legal maxim and Latin for an ambiguity is most strongly construed against the party using it. Also see contra preferendum where a court will hold in favor of the understanding of a party who did not create a contract clause and against a drafter in its interpretation. This is done since the party that drafted the clause had the power to make the clause clear as to its meaning and avoid vagueness and ambiguity. As such, the clause will be construed against the drafter of the clause or agreement and in favor of the understanding of the other party. Additional explanation: A patent ambiguity of the words cannot be removed by extrinsic evidence. These maxims of interpretation are most important in the construction of contracts. Thus upon a devise, to one of the sons of J. S., who has several sons, parol evidence would not be admissible to ascertain which son in particular was referred to. But where there is a devise of the Manor of A, the testator having two estates ofthat description, this being a latent ambiguity, parol evidence is admissible to explain which was meant.