intendment

Intendment refers to the underlying purpose, intention, or meaning behind a law, contract, or legal document. It is the spirit or objective that the drafters sought to achieve when creating the text. When interpreting a legal provision or a contractual clause, courts and legal professionals often look to the intendment to understand how it should be applied. This involves considering the context in which the provision was written, the mischief it was intended to remedy, and the broader legal or social goals it aimed to promote.

Determining the intendment can be crucial when a literal reading of the text leads to an absurd or unjust result, or when the language is ambiguous. In such cases, courts may resort to extrinsic evidence or legislative history to ascertain the original intent of the lawmakers or the parties to a contract. The principle of statutory construction, for example, often emphasizes that statutes should be interpreted in a manner that fulfills their intended purpose. Similarly, in contract law, the subjective intent of the parties may be considered to resolve disputes over the meaning of an agreement, even if the written terms are not perfectly clear. The intendment is, therefore, a fundamental concept in legal interpretation, guiding the application of rules and agreements to specific situations.