Also known as:rules of construction · canons of construction · rules of interpretation
Written by attorneys · grounded in primary & secondary sources — see below
A principle guiding the interpretation of ambiguous language in a legal instrument. The principle supplies a default interpretive preference that yields when the parties or testator express a contrary intention. Courts apply the principle to resolve uncertainty while preserving the document's overall effectiveness.
Sources & Authorities
How it applies
Common Examples
6
Deed Designation of Governing Law
Raphael Rivera executes a deed conveying land in State B to Raven Logistics and designates State A law to govern interpretation. When the deed's reservation clause proves ambiguous, the probate court applies State A rules of construction to determine the scope of the retained interest. The designation controls the outcome even though the land lies in State B.
Trust Language Naming Heirs
Rosa Ruiz creates a revocable trust leaving the residue to her heirs at law. After her death the trustee must decide whether the language creates a reversion in Ruiz's estate. Because the Uniform Probate Code abolishes the doctrine of worthier title as a rule of construction, the court treats the clause as creating no reversionary interest and distributes the assets directly to the designated heirs.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
Casebooks
Study Supplements
Dictionaries
Deed Without Choice-of-Law Clause
Ravi Reddy conveys land located in State C by deed that contains no designation of governing law. A later dispute arises over the meaning of a restrictive covenant. The court applies the rules of construction that State C courts would use, because no other state was designated in the instrument.
Mortgage Moratorium Interpretation
Redwood Bank holds a mortgage on property owned by Roland Rhodes. A state statute temporarily extends the redemption period during an economic emergency. The bank challenges the statute's application to existing contracts. The court uses established rules of construction to determine whether the statute alters the mortgage terms in a manner consistent with the parties' original agreement.
Employment Contract Duration Clause
Ryan Roberts signs an employment agreement with Regal Apparel stating that the position continues so long as Roberts performs satisfactorily. After termination Roberts sues for breach. The court applies rules of construction to decide whether the clause creates an indefinite at-will relationship or imposes an implied duration requirement.
Patent Statute Scope Dispute
Roger Ramirez invents a genetically engineered bacterium and seeks a patent under the federal statute covering new manufactures or compositions of matter. The examiner rejects the application. The court applies rules of construction to the statutory text to determine whether living organisms fall within the enumerated categories of patentable subject matter.
Common questions
Frequently Asked
4
How does a rule of construction differ from a rule of law?+
A rule of construction supplies a default interpretive preference that yields to evidence of contrary intent. A rule of law imposes a mandatory outcome regardless of intent. The distinction appears in the abolition of the doctrine of worthier title and in the treatment of ambiguous future-interest language.
Supporting sources
When does a court apply a rule of construction to an ambiguous deed?+
A court applies a rule of construction when the deed's language admits of more than one reasonable meaning and no contrary intent appears. The rule selects the interpretation that renders the conveyance effective under the governing state's standards.
Supporting sources
Does the Uniform Probate Code treat the doctrine of worthier title as a rule of construction?+
The Code abolishes the doctrine both as a rule of law and as a rule of construction. Language describing beneficiaries as heirs or next of kin therefore creates no presumption of a reversion in the transferor.
Supporting sources
What happens when an instrument designates a particular state's rules of construction?+
The designated state's rules control the interpretation of the instrument even if the property lies elsewhere. Absent designation, the rules applied by courts of the situs govern.
Supporting sources
447 U.S. 303Property
…the legislature has not expressed." United States v. Dubilier Condenser Corp. , 289 U. S. 178, 199 (1933). Guided by these canons of construction, this Court has read the term "manufacture" in § 101 in accordance with its dictionary definition to mean "the production of articles for use from raw or prepared materials by giving to…