Legal Question in Administrative Law in Virginia

Defintions in Contracts

If a contract contains a defintion such as...

''Mobile - Single or Multiple individuals operating Mobile under a single call sign with only one transmitter on the air at a time.''

Does the type of individual (single or multiple) have higher weight than ''single callsign'' and ''one transmitter ... at a time'' or are all pieces of a definition evaluated on an equal basis such that the order within the sentence in moot?


Asked on 1/10/09, 1:02 am

2 Answers from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Defintions in Contracts

I agree with Mr. Hendrickson that it is hard to say out of context.

Virginia follows a plain language approach to contracts and statutes. Courts try to apply what the words mean to real people in ordinary usage. In fact, Virginia courts are more likely to quote from a common use dictionary than Black's Law Dictionary in most situations.

Generally, the order within the sentence is not a controlling factor, unless it tells us what the plain language meaning is to an average person in real life.

Here the most precise parts of the definition are a single call sign and only one transmitter on the air at a time.

The phrase "single or multiple individuals" indicates that it does not matter how many individuals there are, so that it is not a meaningful part of the definition. That could be anything.

As a result the most precise part of the definition -- a single call sign and one transmitter on the air -- is the most meaningful part of the definition.

But another rule as Mr. Hendrickson points out is that you read the entire document as a whole. So if the entire document makes it clear what the meaning is, that is important also.

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Answered on 1/10/09, 11:15 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Defintions in Contracts

Without reviewing the entire contract and its underlying factual predicate, I think it would be very difficult to render a credible opinion on this particular matter.

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Answered on 1/10/09, 9:50 am


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