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CA Intermediate · Corporate and Other Laws · Interpretation of Statutes

Section 3 of an Act defines 'dwelling' as 'a building used for residence'. Section 9 of the same Act uses the word 'dwelling' in a provision about fire safety, and the Act's opening words say definitions apply 'unless the context otherwise requires'. In section 9, the legislature clearly intends to cover a tent used for residence at a mela. What is the correct interpretation?

The context can displace the definition. Because the definition clause applies only unless the context otherwise requires, a residential tent may be treated as a dwelling in section 9 where the legislative intent in that provision clearly calls for it.

  1. AThe statutory definition must be applied rigidly without exception
  2. BThe context may displace the definition, so a residential tent can be treated as a dwelling in section 9Correct
  3. CThe definition is void as it conflicts with section 9
  4. DCourts must substitute the dictionary meaning in all sections

Explanation

Where definitions are qualified by 'unless the context otherwise requires', the context of a particular section can override the defined meaning. Hence the definition need not be applied rigidly in section 9.

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