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CS Executive · Jurisprudence, Interpretation and General Laws · Interpretation of Statutes

A provision requires a document to be 'signed by the person in whose favour it is made, in the presence of a witness'. Following the literal meaning would lead to an absurd result, since the person is a minor incapable of signing, and a thumb impression is the only possible mark. A court allows the thumb impression by modifying the words only to the extent necessary to avoid the absurdity. Which rule has been used?

The golden rule has been used. It begins with the ordinary grammatical meaning but allows the court to modify the words only as far as needed to avoid an absurd or repugnant result, unlike the strict literal rule, which permits no departure.

  1. AGolden ruleCorrect
  2. BStrict literal rule
  3. CRule of harmonious construction
  4. DNoscitur a sociis

Explanation

The golden rule starts from the ordinary meaning but permits a limited departure to the minimum extent needed to avoid absurdity, repugnancy or inconsistency. The strict literal rule would refuse any modification. Harmonious construction reconciles conflicting provisions, and none are in conflict here.

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