Consequently, the inclusion of benefits and services in Section 7 suffers from a patent ambiguity
, vagueness and overbreadth which renders the inclusion of services and benefits arbitrary and violative of Article 14.
A patent ambiguity, on the one hand, can be found on the face of the will itself.
(113.) CORNELISON, supra note 15, at 823 (noting that courts would not attempt to cure a patent ambiguity, because it would require the courts "to give effect to unattested language").
The first is a case of patent ambiguity
. City is governed by a three person council, which enacts ordinances by majority vote.
2) Patent ambiguity
: The patents are written in such a way that companies involved are unclear as to whether infringement is occurring
(28) If the contract term is a patent ambiguity, then the contractor has a duty to seek clarification from the government prior to submitting its offer; if the contractor fails to seek clarification, then it will be bound by the government's reasonable interpretation of the patent ambiguity.
(41) Although normally a contractor would prevail in a case where a court found the government's design specifications defective, in this case, the contractor did not prevail because it failed to seek clarification regarding the patent ambiguity. (42)
Failure to make such inquiry requires that a patent ambiguity
be resolved against the contractor...even it the contractor's interpretation is reasonable and relied upon.
The ultimate question is whether the ambiguity was patent or latent, because a patent ambiguity creates a duty to inquire.
Had this been the end of the story, it may not have been too difficult to accept the court's holding that the patent ambiguity created a duty for J&H Reinforcing to inquire further.