Who determines whether a writing is ambiguous under the parole evidence rule

• A. The jury
• B. The judge as a matter of law
• C. The parties
• D. The contract’s author

Answer: (B)

Ambiguity under the parole evidence rule is a legal question for the judge. The court decides, based on the contract’s language, whether the writing is capable of more than one reasonable interpretation. If the language is clear, extrinsic evidence isn’t admitted to interpret it. If it’s ambiguous, extrinsic evidence may be used to resolve the meaning, and the court will interpret the contract in light of that evidence. The determination isn’t about who wrote the contract or about what the parties themselves think; it’s a legal standard applied by the judge. The jury would handle factual questions that arise after interpretation, but the threshold question of whether there is ambiguity rests with the judge.