French term
Interpréter
Could anybody let me know whether there is any difference between "interpreted" and "construed" in English as regards issues concerning governing law?
4 +1 | interpret vs construe | Olga Montes |
Sources | Nikki Scott-Despaigne |
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Proposed translations
interpret vs construe
Contract Obligations
Interpreting and construing contracts and contract language differ in very important ways. Failure to fully understand interpret versus construe frequently results in a few common errors made by contract reviewers or individuals administering or enforcing a contract.
Interpreting a contract or portion of a contract deals with the language before the interpreter. With a little training, most anyone can read and interpret contract clauses, including all incorporated documents, addenda, amendments and attached terms and conditions. Construing a contract involves deciphering the legal effect of a contract as a whole.
Construing a contract requires significantly more training and requires an understanding of various contract law rules for interpreting, construing and enforcing contract rights and obligations.
While contract reviewers and administrators can be expected to understand and interpret a contract, an understanding of rules to address conflicting contract clauses and rules of construction is equally needed to avoid erroneous advice. Literal interpretation of a contract may result in the use of unenforceable, inconsistent or conflicting clauses.
Below are descriptions of common errors made in contract interpretation:
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Note added at 3 hrs (2015-09-14 15:46:49 GMT)
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I don't know how to respond to a discussion question (I've only joined this site about a week ago). But, in answer to your discussion question, yes, Peter, that is exactly correct.
agree |
B D Finch
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Thank you, B D.
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neutral |
Nikki Scott-Despaigne
: In spite of the fact that both terms are often used as synonyms, under English law, "interpret" has a more specific meaning than "construe". Others may not agree with me, but this gives a reverse presentation of the terms to the way I know and still find.
6 hrs
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Reference comments
Sources
I'm not sure how to read your question. There are certain principles in English law which govern interpretation of contracts. They relate essentially to express/implied terms. This PDF guide by Ashurts guide is helpful.
https://www.ashurst.com/publication-techguide.aspx?id_Conten...
"Interpretation of Contracts under English Law (July 2012)"
You will see that the term "construe" is used twice in that document.
For "interpretation", see : http://thelawdictionary.org/interpretation/
For "construe", see : http://thelawdictionary.org/construe/
Curzon's Dictionary of Law gives:-
- construe : to discover and apply the meaning of a written instrucment. See construction.
- construction : the process of construing (i.e. discovering and applying the meaning of) written instruments e.g., by resolving certain ambiguities and other uncertainties. Often used synonyously with "interpretation":
Chatenay v Brazilian Submarine Telegraph Co [1981] 1 QB 79. See Francklin v A-G [1974] QB 185.
- rules of cosntruction : Decisions of the courts relating to the interpretation of documents... There follows are list of cases as authority for a number of principles, including : the meaning of a document must be sought for in the document itself, the intention may prevail over the words used, words are to be taken in their literal meaning, etc.
According to my Oxford Dictionary of Law, the entery on "interpretation" reads thus:
- interpretation (construction): the process of determining the true meaning of a legal document. It is a judicial process, effected in accordance with a number of rules and presumptions. So far as is relevant, the rules nd presumptions applicable to Acts of Parliament (see Interpretation of statutes) apply equally to private documents, such as deeds and wills.
That other entry is lengthy and refers to rules such as the literal rule, the golden rule, the ejusdem generis rule.
I've gone beyond what you have required but it comes down to the fact under English law, the term "interpret" obeys a set of fairly well established rules. The term "construe" in which one easily reads "construction" has a wider meaning. There are sources which indicate that when construing, one should avoid interpretation. They are different but are often sued synonymously.
To answer you question more completely, your question would need to be more specific.
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Note added at 6 hrs (2015-09-14 18:41:26 GMT)
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often "used" (not "sued") synonymously.
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Note added at 20 hrs (2015-09-15 08:31:57 GMT)
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You're welcome. It generally comes down to how the terms are used in context and they are of course often used interchangeably. so that in practical terms, there is little difference. Both are about how the texts in question are to be read and understood. There is a body of case law and a number of well established legal principles on the subject and which assist in determining how these terms are to be read.
However, I'm a little worried that you are confusing legal rules of interpretation (in the legaal sense) and how the term is to be read in the field of translating nd interpreting. They are quite diferent. If you confuse them, you will be missing the point altogether.
I do not see how you arrive at a conclusion (discussion psot) that "to perform" can translate the verb "interpréter" and "to construe" can mean "to translate orally". In legalese, "interpret" and "construe" describe ways of reading and understanding. They have nothing whatsoever, but nothing at all, to do with the "interpret" in the field of translation and interpreting as a linguist.
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Note added at 20 hrs (2015-09-15 08:37:27 GMT)
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A client will look for the services of a translator or an interpreter to translate (texts) or to interpret (oral).
Legal beagles will use the rules of interpretation in order to understand what intention lies behind the writings of the legislator or other legal texts, including contracts and so on, for example.
In either case, "to construe" from "construct" will still describe how the text is assembled and "to interpret" will still have the meaning (for the written form too) of how an original is to be understood.
Discussion
If I have grasped things correctly, the difference is in fact the technical level : one takes precise and elaborate legal knowledge, whereas the other is "just" a matter of understanding everyday terms although applying to a legal document.
Please let me know if I am mistaken.