This note discusses the meaning of interpretation, its main purpose, why courts interpret, and the scope of the law of interpretation.
In a previous note, it was pointed out that interpretation is the process of ascertaining the meaning of a text. The note also highlighted that the words used in a text can have multiple meanings. In this note, we will discuss these multiple meanings. These meanings include ordinary meaning, literal meaning, secondary meaning, fringe meaning, technical meaning, explicit meaning, implicit meaning, and implied meaning.
Courts often interpret documents such as wills, contracts, statutes, and even the Constitution. The essential question is: what authorises them to interpret these documents? In this note, we discuss the legal basis for interpreting the Constitution, statutory documents, and non-statutory documents.
In a previous note, it was highlighted that interpretation is not arbitrary; it is underpinned by rules. Those rules fall into four categories: basic rules, aids to interpretation, presumptions, and special and binding rules.
This note will discuss the basic rules for interpreting non-statutory documents, such as deeds, contracts, wills, and conveyances. The note begins by providing a brief overview of these non-statutory documents. It then discusses the rules for interpreting these documents, particularly those set out in Biney v Biney [1974] 1 GLR 318-336.
In a previous note, we discussed the rules governing the construction of non-statutory documents. One of the most common non-statutory documents is a will. In this introductory note, we will define a will, examine its ambulatory nature, and discuss the common terms associated with wills.
This note discusses the formalities of a valid will as contained in the Wills Act, 1971 (Act 360). The formalities to be discussed are: the requirement of writing, the testator's signature, and attestation by witnesses.
Section 6 of the Wills Act, 1960 (Act 360) makes special provisions for members of the armed forces in active service to make wills. These provisions are now discussed.
This note will focus on the cardinal rule for the construction of wills. Per this rule, he intention of the testator, as declared by him and apparent in the words of his will, must be given effect to, so far as, and as nearly as might be consistent with law
In this note, we will discuss the essential rules for constructing wills as set out in Section 7 of the Wills Act, 1971 (Act 360).
This note will discuss the following rules: 1. The courts are generally hesitant to adopt a construction that will defeat the intentions of the testator or defeat the will. 2. The intention of the testator is found in the actual words used by him. 3. In some instances, extrinsic evidence may be admitted to aid in the construction of a will. 4. Misdescriptions in a will do not invalidate the will. 5. Words and phrases are generally given their ordinary meaning, unless they are used in a technical sense or doing so will lead to absurdity. 6. In instances of inconsistent clauses, the general rule is that the latter or latest clause will prevail.
Under the common law, there are three distinct rules of statutory interpretation: the literal rule, the golden rule, and the mischief rule. These three rules are now discussed.