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Simple English definitions for legal terms
interpretation clause
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A quick definition of interpretation clause:
An interpretation clause is a part of a law or contract that explains the meaning of words that are commonly used or how the entire document should be understood. It helps to avoid confusion and ensures that everyone involved understands the same thing. However, there is a historical method of interpretation called "interpretatio viperina" which is not recommended because it can lead to the destruction of the effectiveness of the document.
A more thorough explanation:
An interpretation clause is a provision found in legislative or contractual documents that explains the meaning of words or phrases that are frequently used in the document. It can also provide guidance on how the document as a whole should be interpreted.
For example, a contract may include an interpretation clause that defines specific terms used throughout the agreement, such as "goods" or "services." This helps to ensure that all parties involved have a clear understanding of what is being referred to in the contract.
However, it is important to note that not all interpretation clauses are created equal. In some cases, an interpretation clause may be interpreted in a way that undermines the effectiveness of the document. This is known as "interpretatio viperina," which is a disapproved method of construction.
For instance, if a contract includes an interpretation clause that is overly broad or vague, it may be subject to interpretation in a way that renders the contract unenforceable. This is why it is important to carefully consider the language used in an interpretation clause and ensure that it accurately reflects the intentions of all parties involved.