Legal Definitions - grammatical interpretation

Grammatical interpretation is a method used to understand legal texts, such as statutes, contracts, or wills, by focusing on the ordinary meaning of the words, their sentence structure, and punctuation. It involves reading the document literally, applying standard rules of grammar and language to determine its plain and obvious meaning, without seeking external context or hidden intentions.

• Example 1: Contract Clause

  Imagine a business contract that includes a clause stating: "The contractor shall complete the project by December 31st, 2024, and failure to do so will result in a penalty of $1,000 per day, not to exceed $30,000 in total."

  A grammatical interpretation of this clause would focus on the precise wording. The phrase "not to exceed $30,000 in total" clearly sets an upper limit on the penalty. Even if the project were delayed for 45 days (which would ordinarily incur a $45,000 penalty), the contractor would only be liable for $30,000 because the grammatical structure of the sentence explicitly caps the total amount.

• Example 2: Local Ordinance

  Consider a city ordinance that reads: "No person shall consume alcoholic beverages in public parks or on public streets."

  Applying grammatical interpretation, the use of the conjunction "or" means that consuming alcohol is prohibited in *either* public parks *or* on public streets. It does not require a person to be in both locations simultaneously for the prohibition to apply. If the ordinance had used "and," the meaning would be entirely different, suggesting the prohibition only applies if someone is consuming alcohol in both places at once. The plain grammatical structure dictates the scope of the rule.

• Example 3: Testamentary Will

  A will contains the instruction: "I bequeath my collection of antique watches to my nephew, David, and my niece, Sarah, in equal shares."

  A grammatical interpretation of this sentence would conclude that David and Sarah are the sole beneficiaries of the antique watch collection, and they are each to receive exactly half of it. The words "and" clearly link both individuals as recipients, and the phrase "in equal shares" explicitly defines the division. There is no ambiguity based on the plain meaning of the words and their arrangement regarding who gets the watches or in what proportion.