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Uttara University: Assignment On

This document discusses terms of profession, trade and business in statutes and how words should be interpreted. It makes three key points: 1. When a statute deals with a particular trade or business, words will be interpreted based on their meaning in that industry, not their ordinary meaning, unless the context indicates otherwise. 2. Technical words in a statute dealing with everyone generally keep their common meaning, but if referring to a specific trade, they take on the particular meaning used in that trade. 3. Where a legal term in one statute has been interpreted by courts, it is presumed the same term in another statute carries that same interpreted meaning.

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ISRAT JAHAN BADHON Spring 19
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138 views3 pages

Uttara University: Assignment On

This document discusses terms of profession, trade and business in statutes and how words should be interpreted. It makes three key points: 1. When a statute deals with a particular trade or business, words will be interpreted based on their meaning in that industry, not their ordinary meaning, unless the context indicates otherwise. 2. Technical words in a statute dealing with everyone generally keep their common meaning, but if referring to a specific trade, they take on the particular meaning used in that trade. 3. Where a legal term in one statute has been interpreted by courts, it is presumed the same term in another statute carries that same interpreted meaning.

Uploaded by

ISRAT JAHAN BADHON Spring 19
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Uttara University

Submitted to:

Department of Law

Uttara University
Assignment
On
Submitted by:

NahidParvez
ID – M21533411043

Batch – 36th

Department of Law

Uttara University

Terms of profession, trade and business: General statutes are prima


facie presumed to use words in their popular sense.' The only safe
canon of construction is to give the words their natural meaning
unless the context requires otherwise.' If they are used in
connection with some business or trade, they will be presumed to
be used in a sense appropriate to, or usual in, such business or
trade. When dealing with particular businesses or transactions,
words are presumed to be used with the particular meaning with
which they are used and understood in the business in question
used are to be understood in the technical sense as distinguished
from the common meaning that the words may have. Lord Esher
M.R. observed - 5. Technical words "If the Act is directed to
dealing with matters affecting everybody generally, the words used
have the meaning attached to them in the common and ordinary
use of language. If the Act is one passed with reference to a
particular trade, business or transaction and words are used which
everybody conversant with that trade. business or transaction
knows and understands to have a particularmeaning in it, then the
words are to be construed as having that particular meaning
though it may differ from the common or ordinary meaning. In
the case of statutes, unlike deeds, there is no opportunity to call
persons conversant with the business or trade referred to in order
to enable the court to decide on the meaning of the terms
employed. It is for this reason there is necessity of inserting a
definition clause. At the same time, it will also be presumed that
words in a 3. statute are used precisely and exactly and not
loosely or inexactly." Thus, when the meaning of the word
'adjoining' in a New Zealand Act was in question, the Privy Council
said that the primary meaning of the word 'adjoining' was
'coterminous' and in a statute it should be given that meaning
unless the context showed and it was used in a loose sense as
equivalent to 'near or neighbouring'. Lord Macmillan quoted with
approval the following statement of Lord Hewert C.J. - "It ought
not to be the rule and we are glad to think that it is the rule that
words are used in an Act of Parliament correctly and exactly and
not loosely and inexactly. Upon those who assert that the rule has
been broken, the burden of establishing their proposition lies
heavily, and they can discharge it only by pointing to something in
the context which goes to show that the loose and inexact
meaning must be preferred." 14 Where a legal term used by the
legislature in a statute has been judicially interpreted, the same
term used by the legislature in another statute will be presumed
to have been used in the sense judicially interpreted. Similarly,
when words acquire a technical meaning because of their
consistent use by the legislature in a

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