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interpretation of statutes, otherwise= you are wise , i am other than wise…
interpretation of statutes
interpretation of statutes/deeds/docs
rules of interpretation
primary
secondary
aids to interpretation
internal
external
interpretation of statutes
rules of interpretation/ deeds/docs
relevant terms
statutes
written will
act enacted by parliament
laws/regulations withput considering source
written law in contrast to unwritten law
document
any matter expressed-letter/figures/marks - used-record
instrument
cretaes/confirms right or record a fact
right/liability created/trf/extented/recorded
formal legal document
deeds
simple deeds=instrument
limited interest in property- eg, mortgage deed
legal disposition
evidencing value/sign cant be denied
classification
legal(bind the judge)
authentic
law
usual
sources eg, case laws
doctrinal(real or true meaning)
grammatical
ordinary rules
logical
goes beyond words
interpretation & construction(important rule)
interpretation
read literally/convenient to use- we use it
construction
intention, read with clear intention
rules of interpretation/construction
primary
harmoneous
beneficial
reasonable
exceptional
literal
ejusdem generis
secondary
effect of usgae
associated words
need for interpretation/ construction
beneficial
law before act?
mischief/ defect
more than 1 interpretation
remedy
reasons for remedy
rule of reasonable construction
make enactment a consistent whole
reasonable
reasonable inconsistency
manifest absurdity
harmonious
2 or more provision not reconciled, interpreted, to give effect to all
specific rule override general rule
real and not apparent conflict to provisions
eg, driver not to hit mosquito on nose
rule of literal construction
particular business- particlar meaning
no technical meaning
general public- popular same words
eg, driver to hit mosquito, he hit even on nose
exactly as stated/going by words/only that meaning
exceptional
may/must/shall/and/or
may=option, must/shall-direction/suggestion
eliminate words which defeat real objective & make no sense
exhausted=completely used
ejusdem generis
of same kind/species
general words same nature
general words to take colour of non specific words
list of items followed by general
lion, tiget, othe wild animals
not exhausted= so many others
general terms followed
general= belong to specific class
class or category= cat family
specific words= lion,tiger
otherwise= you are wise , i am other than wise