Legal Definitions - common intendment

Common intendment refers to the ordinary, usual, and generally accepted meaning or understanding of words, phrases, or provisions within a legal document, statute, or statement. It's about interpreting something as a reasonable person would, in its natural and common sense, rather than searching for a hidden, overly technical, or strained interpretation. Courts often apply common intendment to avoid absurd results and to give effect to what was likely intended by the parties or lawmakers in an everyday context.

Here are some examples:

• Contract Interpretation: Imagine a business contract for a construction project that states, "The contractor must complete the foundational work within 60 days."

  Applying common intendment, both parties would ordinarily understand "60 days" to mean 60 consecutive calendar days, starting from a specified date, not 60 business days or 60 days excluding weekends and holidays. A reasonable person in a business context would interpret this timeframe in its usual, everyday sense unless the contract explicitly stated otherwise (e.g., "60 business days").

• Statute or Ordinance Interpretation: Consider a local ordinance that prohibits "loud noises after 10 PM" in residential areas.

  Through common intendment, residents and law enforcement would understand "loud noises" to refer to activities like blaring music, shouting parties, or operating noisy machinery, which are disruptive to neighbors. It would not typically be interpreted to prohibit a baby crying, a dog barking occasionally, or the quiet hum of an air conditioner, even though these are technically "noises." The common understanding focuses on unreasonable disturbance.

• Legal Pleading Interpretation: In a legal complaint, a plaintiff alleges that the defendant "negligently operated their vehicle."

  When a court reviews this statement, it applies common intendment to understand that "negligently operated" means the defendant drove carelessly, failed to follow traffic laws, or otherwise acted without reasonable care, causing harm. The court would not expect the complaint to provide a highly detailed, scientific breakdown of the physics of the vehicle's operation, but rather to convey the ordinary understanding of what it means to drive without due care.