What is the test for applying the rule of construction in construction?
California, United States of America
The following excerpt is from Donald Schriver, Inc. v. Fair Employment & Housing Com., 220 Cal.App.3d 396, 46 Cal.Rptr.2d 440 (Cal. App. 1986):
"Does not everybody see from hence, that you must first examine the law before you can apply the rule of construction? For the law must not be bent by the construction, but that must be adapted to the spirit and sense of the law." (Lord Camden, C.J., Entick v. Carrington (1765) 19 How.St.Tr. 1029, 1060.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for establishing that language is sufficient to require the construction of a statutory definition for the purpose of establishing that a section of law does not need to include the words "constant construction" in its construction? (California, United States of America)
Does the Attorney General have any authority to apply the rule in People v. Francis to apply retroactively to the amended version of section 12022.5 of the Penal Code? (California, United States of America)
Does the ex post facto clause in the California Criminal Code apply to a judicial construction of a criminal statute that is unexpected and indefensible? (California, United States of America)
Does section 125.3 of the California Code of Civil Procedure apply to the construction of the statute, and if so, does the court have jurisdiction to interpret the interpretation of the law? (California, United States of America)
Does the provocative act murder doctrine apply when the felony-murder doctrine does not apply? (California, United States of America)
Does the principle enunciated in the airport cases apply to highway construction? (California, United States of America)
In a constructive trust action, does the constructive trust remedy need to be considered a question upon a question of law? (California, United States of America)
What is the current state of the law on interim protection for construction contractors in the event that a contractor loses a claim against a construction loan? (California, United States of America)
Does a constructive trust need to be applied where there is no evidence of fraud, misrepresentation or unconscionability? (California, United States of America)
What is the applicable statute of limitations for a claim for constructive fraud, breach of contract and constructive fraud? (California, United States of America)
