GSL Interpretation of Deeds & Statutes flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Literal rule

The court gives words their ordinary and natural meaning as used in the statute, and applies that meaning even where the result seems harsh, unless it produces genuine absurdity.

Golden rule

A modification of the literal rule: ordinary meaning is applied unless it produces absurdity or repugnance to the statute's purpose, in which case the court adopts a modified meaning.

Purposive approach

The court identifies the purpose of the statute from its text, long title, and extrinsic material, then construes ambiguous words so as to advance that identified purpose.

Mischief rule

The court asks what the common law was before the Act, what defect it cured, what remedy Parliament gave, and why, then construes the words to suppress the mischief.

Text, context, purpose

The modern single exercise in construction: the statutory text is read together with its context and purpose from the outset, not only after ambiguity is found.

Definition section control

A term defined in the interpretation provision bears that defined meaning throughout the Act; ordinary meaning applies only where the Act supplies no definition.

Noscitur a sociis

A word is known by the company it keeps: its meaning is coloured and narrowed by the words associated with it in the same phrase or list.

Ejusdem generis

General words following specific words are confined to things of the same class as the specific words, and are not read at their widest possible scope.

Expressio unius est exclusio alterius

Express mention of one matter implies exclusion of others, but only where the list is exhaustive and the implication is clear from the provision as a whole.

Contra proferentem

Ambiguity in words chosen by one party is construed against that party; it applies to exemptions, grants, and standard-form instruments drafted by the proferens.

Generalia specialibus non derogant

Specific provisions prevail over general ones on the same subject; a later general Act does not impliedly repeal an earlier special Act dealing with the same matter.

Presumption against implied repeal

Courts disfavour repeal by implication and strive to construe both provisions so that each retains work to do, unless they are irreconcilably inconsistent.

Reddendo singula singulis

Each word is referred to its proper object: words in one part of a provision are matched to the corresponding words in another, avoiding misallocation of conditions.

Deed construed as a whole

Recitals, operative words, parcels, habendum, and covenants are read together; no single clause is construed in isolation from the rest of the instrument.

Recitals and operative words

Recitals may resolve ambiguity in operative words by showing background and purpose, but they cannot override operative language that is clear.

Parcels and plans

Where a plan or schedule is incorporated by reference, it prevails over a general description, and fixed boundaries prevail over a stated area.

Exceptions read narrowly

Reservations and exceptions in a conveyance are construed strictly against the party reserving them, and general words do not extend the reservation beyond what is expressed.

Time of the essence

Time is of the essence only where the instrument states it, the nature of the property requires it, or a party has given notice making it so.

Construction versus rectification

Construction determines the meaning of the words actually used; rectification corrects words that fail to record the parties' common intention, a separate and distinct remedy.

Indefeasibility of title

The register is conclusive evidence of title, and a registered proprietor holds free of unregistered interests except those preserved by statutory exceptions such as fraud.

Order of registration rule

Priority between registrable dealings follows the order in which they are registered, not the order of execution or of the date of the contract.

Caveatable interest

A caveat may be lodged only by a person claiming an estate or interest in the land; lodging without reasonable cause may expose the caveator to compensation.

In personam exception

A registered proprietor remains bound by personal equities arising from their own conduct, such as a contract, trust, or undertaking they created or adopted.

Fraud exception to indefeasibility

Fraud means dishonesty or moral turpitude in acquiring registration; mere notice of an earlier unregistered interest does not of itself amount to fraud.

Priority notice effect

A priority notice preserves priority for a limited statutory period; a dealing lodged after that period expires loses the priority the notice would have protected.

Ratio decidendi

The legal reason or principle on which a court's decision rests; it binds lower courts in the same hierarchy and constitutes the authoritative part of the judgment.

Obiter dicta

Remarks in a judgment that are not necessary to the decision; they are persuasive only and do not create binding precedent for later courts.

Distinguishing a precedent

Avoiding a binding precedent by showing a material difference in the facts or in the statutory text that was construed, so the earlier ratio does not apply.

Per incuriam decision

A decision given in ignorance of a relevant statute or binding authority; it is not binding and need not be followed by later courts.

Construction attached to words

A precedent construing particular statutory words loses weight once the statute is amended, because the decision attached to language that no longer exists.

Duty of candour

A practitioner must disclose material adverse authority to the court and must not cite an overruled or reversed case without disclosing its subsequent history.

No drafting to mislead

An instrument must not be drafted to conceal its effect, and known ambiguity must not be exploited to mislead a counterparty or the land register.