The plain literal rule of statutory interpretation states that the words of a statute should be given their plain, ordinary, and literal meaning, unless doing so would lead to an absurd or unjust result. This means that judges should interpret the law based solely on the wording of the statute itself, without considering the intentions of the lawmakers or the consequences of a strict interpretation.
0
Google Gemini AI
May 2
Plain Literal Rule
The plain literal rule is a principle of contract interpretation that states that the meaning of a contract is determined solely by the plain and ordinary meaning of its terms. This means that courts will generally not consider evidence of the parties' intent or the circumstances surrounding the contract's formation when interpreting its terms.
Key Points:
- Ordinary Meaning: Courts interpret words and phrases according to their usual and customary meaning. - Context: The meaning of terms may be modified by the context in which they appear within the contract. - No Extrinsic Evidence: As a general rule, courts will not admit extrinsic evidence, such as testimony or contemporaneous writings, to interpret a contract's terms. - Exceptions: The plain literal rule may not apply in certain situations, such as: - When the terms are ambiguous or contradictory - When the contract is illegal or unconscionable - When there is evidence of fraud, mistake, or duress
Advantages:
- Provides certainty and predictability in contract interpretation - Prevents parties from introducing subjective interpretations or later-formed intentions - Avoids the need for extensive, time-consuming litigation
Disadvantages:
- May not accurately reflect the parties' true intent - Can lead to rigid or unfair results in certain cases - May not be suitable for complex or ambiguous contracts