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CA Intermediate · Corporate and Other Laws · Interpretation of Statutes

A statute defines 'dwelling' to 'include a houseboat, a tent and a hut'. Ravi argues that a permanently moored hotel barge is also a dwelling although not listed. Which statement best reflects the correct position on the definition?

An inclusive definition widens, not restricts, the term. Because the statute says 'includes', the word keeps its ordinary meaning and also takes in the listed items, so the barge can qualify if it fits the ordinary meaning of a dwelling. It is not excluded merely for being unlisted.

  1. AThe word 'includes' here makes the definition exhaustive, so the barge is excluded
  2. BAn inclusive definition extends the ordinary meaning of the term, so the barge may be a dwelling if it fits the ordinary meaning or the extended meaningCorrect
  3. CThe listed items are irrelevant, since definitions never affect meaning
  4. DThe barge is excluded because only items using the words 'means and includes' can be extended

Explanation

An inclusive definition, using 'includes' alone, enlarges the ordinary meaning of the word to cover the listed items without taking away its natural meaning. So other things that ordinarily fit the term can also be covered. A definition that 'means' something is the one that is exhaustive. Option 0 confuses the two forms.

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