Interpret?

English translation: construed more narrowly

16:32 Apr 15, 2005

English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)

English term or phrase: Interpret?

What is the meaning of 'Read down" ?
If any of these Conditions of Carriage is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Conditions of Carriage and the other conditions will remain valid.

adda

Selected answer:construed more narrowly

Explanation:
The following explanations will help:

However, CAW was not asking the Court to invalidate the Copyright Act but rather inviting it to "read down" the relevant provisions of the Copyright Act to preserve their constitutionality. Reading down is a technique used to maintain the constitutional validity of a legislative provision by narrowly interpreting one of its term in a fashion which does not infringe any one of the freedoms guaranteed by the Charter.
http://www.robic.ca/publications/Pdf/142.077.pdf

There is one additional consideration in the interjurisdictional immunity debate. There is some question as to whether a provincial statute should be "read down", held to be "inapplicable", or held to be "inoperative". I believe the correct term to be used is "inoperative". Reading down is a concept which is best reserved to legislation which is, but for the reading down, ultra vires. As stated above, interjurisdictional immunity assumes, at a minimum, that vires is not an issue.
http://www.constitutional-law.net/paramountcy.html

Another effective tool in the hands of judiciary, to test the validity of legislation, is to invoke the principle of “reading down”. The rule of reading down a provision of the law is now well established and recognized. It is a rule of harmonious construction in a different name. It is resorted to smoothen the crudities or ironing the creases found in a statute to make it workable. In the garb of reading down, however, it is not open to read words or expressions not found in it and thus venture into a kind of judicial legislation. The rule of reading down is to be used for the limited purpose of making a particular provision workable and to bring it in harmony with other provisions of the statute. It is to be used keeping in view the scheme of the statute and to fulfill its purposes. http://www.naavi.org/praveen_dalal/judicial_review_aug06_04....

The "reading down" doctrine requires that, whenever possible, a statute is to be interpreted as being within the power of the enacting legislative body. What this means in practice is that general language in a statute which is literally apt to extend beyond the power of the enacting Parliament or Legislature will be construed more narrowly so as to keep it within the permissible scope of power. Reading down is simply a canon of construction (or interpretation). It is only available where the language of the statute will bear the (valid) limited meaning as well as the (invalid) extended meaning; it then stipulates that the limited meaning be selected. (...) Reading down is sometimes said to depend upon a presumption of constitutionality: the enacting legislative body is presumed to have meant to enact provisions which do not transgress the limits of its constitutional powers; general language which appears to transgress the limits must therefore be "read down" so that it is confined within the limits.
http://www.capprt-tcrpap.gc.ca/decisions/tribunal/38-e.html

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Note added at 5 hrs 18 mins (2005-04-15 21:51:12 GMT)
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The majority concluded that New Solutions should be repaid the principal with the highest amount of interest legally allowable (i.e. 60 per cent) and that this is appropriately accomplished by notional severance – i.e., by reading down of the interest provision so that it complies with the legislation. http://www.cle.bc.ca/CLE/Analysis/Collection/04-23456-transp...

As long as the restraint is not against public policy, section 4(1) permits a court to enforce a reasonable restraint of trade covenant by reading down provisions which may on their face be too widely expressed in terms of area, time or extent. http://www.freehills.com.au/publications/publications_1478.a...

Selected response from:

Elizabeth Rudin
United Kingdom
Local time: 09:44

Grading comment

Graded automatically based on peer agreement.
4 KudoZ points were awarded for this answer

SUMMARY OF ALL EXPLANATIONS PROVIDED

5 +6

construed more narrowly

Elizabeth Rudin

4 +4

amended

Kim Metzger

4 +2

it will be interpreted

swisstell

reviewed

Clauwolf

excluded/ignored/not taken into account

hbrincker

Answers

5 mins confidence:

read down excluded/ignored/not taken into account

Explanation:
that's how I would read it...

hbrincker

21 mins confidence:

peer agreement (net): +4

interpret? amended

Explanation:
Most severability clauses stipulate that invalid provisions shall be replaced with valid provisions or amended to comply with the law.
Here's an Australian contract in which "read down" is explained as "to make it valid and enforceable" i.e. it must be changed/amended.

(a) may be read down to the extent necessary to make it valid and enforceable; or
(b) may be severed and the remaining provisions of the Terms and Conditions enforced.

http://www.tenders.sa.gov.au/terms-and-conditions.vm

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Note added at 25 mins (2005-04-15 16:58:23 GMT)
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Interpret simply doesn\'t work here.
\"it will be \"interpreted\" to the extent necessary to ensure that it is not invalid, illegal or unenforceable\"? How does one interpret something to the extent necessary to ensure it\'s not invalid?

Kim Metzger
Mexico
Local time: 02:44
Specializes in field
Native speaker of:

English
PRO pts in category: 72

4 hrs confidence:

interpret? reviewed

Explanation:
:)

Clauwolf
Local time: 05:44
Works in field
Native speaker of: