Legal Definitions - literal

In a legal context, literal refers to interpreting or fulfilling terms strictly according to their exact, expressed language, without adding implied meanings, making assumptions, or deviating from the plain words used.

When legal documents, such as contracts or statutes, require literal performance or literal interpretation, it means that the words must be taken at their face value, and any actions or understandings must align precisely with what is explicitly stated.

Here are some examples to illustrate this concept:

• Contractual Obligation: Imagine a contract for a custom-built shed that specifies, "The roof must be covered with dark gray asphalt shingles."

  • How it illustrates "literal": For literal performance, the builder must use shingles that are both asphalt and dark gray. If the builder uses light gray asphalt shingles, or dark gray metal roofing, they have not met the literal terms of the contract, even if the alternative material is of similar quality or cost. The exact color and material specified are paramount.

• Statutory Interpretation: Consider a local ordinance that states, "All commercial establishments must close by 10:00 PM on weekdays."

  • How it illustrates "literal": A business operating until 10:01 PM on a Tuesday is in literal violation of the ordinance. The law does not allow for discretion based on whether the extra minute causes harm or if the business is quiet. The precise time stated in the law dictates compliance.

• Will or Trust Provisions: A will contains a clause stating, "My entire collection of first-edition mystery novels shall be given to my niece, Clara."

  • How it illustrates "literal": The executor of the will must identify and transfer only the books that are genuinely first-edition mystery novels to Clara. This does not include second editions, non-mystery first editions, or other genres of books, even if they are valuable or part of the broader collection. The specific description "first-edition mystery novels" must be adhered to exactly.