Intendment is a legal concept that pertains to the interpretation or purpose behind a law or legal document. It can also encompass an individual’s anticipated outcomes when engaging in legal matters. For instance, when participating in an election, we anticipate that our vote will be accurately tallied, even if we do not actively consider it. Intendment aids in comprehending the implicit expectations and significances in legal circumstances.
Intendment refers to how the law perceives or understands something. It can also refer to a decision-maker’s interpretation of the true meaning or intention behind a legal document. For instance, in Example 1, the intendment of a contract is that it is legally binding and enforceable. This implies that when two parties enter into a contract, it is assumed that they intend for it to be legally enforceable. In Example 2, the court concluded that intendment is unnecessary when the language of a statute is clear. This means that if the wording of a law or statute is unambiguous, there is no need to infer or interpret its meaning. The court can simply rely on the plain and obvious meaning of the text. In Example 3, when we cast our vote in an election, our behaviour is guided by the expectation that our ballot will be counted in favor of the candidate we voted for. This signifies that when we participate in legal processes like elections, we have certain expectations or assumptions about how the process will unfold. For instance, we anticipate that our vote will be accurately counted and that the election will be conducted fairly.
Intendment refers to the presumed or intended meaning of a law or legal provision.
Intendment is used to determine the purpose or objective behind a law or provision when its language is unclear or ambiguous.
No, intendment cannot be used to override the clear and unambiguous language of a statute. It can only be used when the language is unclear or susceptible to multiple interpretations.
The courts are responsible for determining the intendment of a law or provision through the process of statutory interpretation.
Courts consider various factors, including the legislative history, purpose of the law, and the context in which it was enacted, to determine the intendment.
Yes, the intendment of a law can evolve or change over time based on societal changes, new interpretations, or amendments to the law.
The rule of lenity is a legal principle that requires any ambiguity in a criminal statute to be resolved in favor of the defendant. Intendment can be used to apply the rule of lenity when interpreting criminal laws.
Yes, intendment can be used to interpret contracts or other legal documents when their language is unclear or susceptible to multiple interpretations.
Yes, the use of intendment is subject to certain limitations, such as the requirement to give effect to the plain and ordinary meaning of the language used in a law or provision.
No, intendment cannot be used to imply rights or obligations that are not explicitly stated in a law. It can only be used to interpret the existing language of a law or provision.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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