Legal Definitions - literal construction

Literal construction, also known as strict construction, is a method of interpreting legal documents such as laws, contracts, or wills. It involves taking the words used in the document at their plain, ordinary, and grammatical meaning, without looking beyond the text for hidden intentions, broader purposes, or external context. The primary goal is to apply the words exactly as they are written, assuming that the drafters intended precisely what the language conveys.

Here are a few examples to illustrate this concept:

• Example 1: A City Ordinance

  Imagine a local ordinance that states: "No person shall operate a motorized vehicle on any public park pathway."

  How it illustrates literal construction: If someone is caught riding an electric scooter on a park pathway, a literal construction of this ordinance would lead to them being cited. The electric scooter is a "motorized vehicle," and the pathway is a "public park pathway." The interpretation does not consider arguments about the scooter being quiet, environmentally friendly, or less damaging than a car. The words are taken at their face value, and the rule is applied directly based on the explicit language.

• Example 2: A Commercial Contract

  A contract between a software developer and a client includes a clause: "Final payment of $50,000 is due upon successful deployment of the application to the client's production server."

  How it illustrates literal construction: If the developer successfully installs the application on the client's production server, but the client then discovers a minor bug or wishes for an additional feature, a literal construction of the contract means the $50,000 payment is due. The clause specifies "successful deployment to the client's production server" as the trigger for payment, not "bug-free operation" or "client satisfaction with all features." The exact wording dictates when the payment obligation arises.

• Example 3: A Last Will and Testament

  A will contains a provision: "I bequeath my entire collection of rare books to my only living sibling."

  How it illustrates literal construction: If the deceased had one brother who was alive at the time of their death, that brother would inherit the book collection. A literal construction would not consider arguments that the deceased had a much closer relationship with a niece, or that they had verbally expressed a desire for a friend to have the books. The will explicitly states "my only living sibling," and those words are applied precisely to identify the beneficiary, disregarding any external circumstances or unwritten intentions.