What Are the Distinctions Between Implication and Interpretation of Terms

question 3

Multiple Choice

What are the distinctions between implication and interpretation of terms (at least on the understanding of the majority of the Supreme Court in Marks & Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd) ? Please select all that apply.

• A) The former comes into play where the parties are silent; the latter requires the court to respect the language chosen by the parties.
• B) The former is grounded in necessity, the latter in reasonableness.
• C) Interpretation of an express term is the logically prior step to implication.
• D) Judges are able to imply terms where it is reasonable to do so.

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Definitions:

Encoding/Decoding Model

A framework for understanding how media messages are produced, disseminated, and interpreted by audiences, emphasizing the active role of the recipient in decoding messages.

Polysemy

The characteristic of having multiple meanings or interpretations, typically referring to words, symbols, or texts.

Interpretive Community

A concept in literary theory referring to a group of individuals who share common interpretative strategies in reading texts, thus sharing a particular understanding or interpretation.

Stanley Fish

An American literary theorist and legal scholar known for his work on interpretive communities and the role of audience in the meaning of texts.