Comment on the following statements: Rules of Interpretation.
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2017
Comment on the following statements: Rules of Interpretation.
Answer & Explanation:
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning. It is the process of ascertaining the true meaning of the words used in a statute. The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called 'rules of interpretation'. The following rules of interpretation may be applied to formal written agreements:- Law forbids contradictions, addition, variance or subtraction in document by extrinsic evidence. The Court can examine the facts and surrounding circumstances to which the language relate. Clear and unambiguous words will prevail over hypothetical considerations. The words would be given their normal, natural and prime meaning. Actual life situation, social practices and prevailing conditions are relevant to decide the ambiguity. In case of difference between preliminary and final contract than the terms of final contract will prevail. If later clause in a contract destroy earlier clause than earlier clause will prevail. The words would be interpreted in their popular natural and ordinary sense. The Courts should not look at technical rules of construction but should look at the whole matter and documents. If the terms of deed are otherwise clear than recitals are not looked into.
Topics: Interpretation of Statutes and Documents
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