Legal Definitions - canons of construction

Canons of construction are established principles or guidelines that judges and lawyers use to interpret legal texts, such as laws, contracts, and wills. These canons help to clarify the meaning of ambiguous language, resolve inconsistencies, and ensure that legal documents are understood and applied in a consistent and fair manner. They are not rigid rules, but rather common-sense approaches developed over time to help determine the likely intent behind the words.

Here are a few examples of how canons of construction are applied:

• Imagine a city ordinance that broadly states, "No animals are permitted in public buildings." However, a separate, more specific clause in the same ordinance allows "service animals assisting individuals with disabilities" into public buildings.

  How it illustrates: Judges would use a canon of construction that prioritizes specific provisions over general ones when there's a conflict. This canon would guide them to interpret the law as allowing service animals, even though the general rule prohibits "animals," because the specific rule addresses a particular situation more precisely.

• Consider a rental agreement drafted by a landlord that includes a clause stating tenants are responsible for "all repairs and maintenance." Later, a dispute arises over who pays for a major plumbing repair due to faulty original construction, not tenant misuse.

  How it illustrates: A canon of construction known as contra proferentem (meaning "against the offeror") suggests that if a contract clause is ambiguous, it should be interpreted against the party who drafted it. In this case, the landlord drafted the broad "all repairs" clause, so a court might interpret it narrowly to exclude major structural repairs not caused by the tenant, placing the burden on the landlord.

• A will states, "I leave my car, boat, motorcycle, and other vehicles to my nephew." The deceased also owned a vintage tractor.

  How it illustrates: A canon called ejusdem generis (meaning "of the same kind") would guide the interpretation. Since "car, boat, motorcycle" are all types of personal transportation, the phrase "other vehicles" would likely be interpreted to include similar items, like a scooter or an RV. It would probably not include a tractor, which is typically used for agricultural or industrial purposes, as it falls outside the general category established by the specific items listed.