Question

Which of the following is not true?

• A. According to Cooley, interpretation differs from construction in that the former is the art of finding out the true sense of any form of words.
• B. According to White, J, in common usage interpretation and construction are usually understood as having the same significance.
• C. According to Lord Greene, common sense construction rule should never be resorted to in case of an ambiguity.
• D. According to Dias, although there is some distinction between them, they are so hard to disentangle that they cannot afford a suitable basis for distinction.

Hint:

When in doubt, courts often apply common sense construction to clarify ambiguous statutory language.

Answer 1

The Correct Option is C

Step 1: Difference between interpretation and construction.
- Interpretation = finding the meaning of words as used.
- Construction = drawing legal effects from those words.
Step 2: Views of jurists.
- Cooley — interpretation = finding true sense; construction = drawing conclusions beyond direct expression. - White, J — in common usage, both terms often overlap.
- Lord Greene — actually favoured using common sense construction in resolving ambiguity. Statement in (c) reverses this.
- Dias — distinction exists but is hard to separate in practice.
Step 3: Identify incorrect.
Only (c) contradicts the jurist’s actual position. \[ \boxed{(c)} \]