In the construction of a statute the intention of the Legislature, and in the construction of the instrument the intention of the parties, is to be pursued, if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it.
§ 1859.Intention of Legislature Or Parties Controls; Particular Provision Prevails Over General
Title 1. Of the General Principles of Evidence · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1859 directs courts to pursue legislative intent when construing a statute and party intent when construing an instrument, and provides that where a general and a particular provision conflict, the particular provision controls.
Full Text of § 1859
Plain-English Summary
This section names the two goals that drive interpretation under this Title: for a statute, the intention of the Legislature; for an instrument, the intention of the parties. Both are to be pursued if it is possible to do so, keeping the focus on what the lawmakers or the contracting parties meant to accomplish rather than on a rigid, literal reading detached from purpose.
It then supplies a tiebreaker for a common kind of conflict: when a general provision and a particular provision cannot be reconciled, the particular one controls. The same idea applies to intent generally, a particular intent prevails over a general one it conflicts with, on the reasoning that language aimed specifically at a situation says more about what the drafters wanted than language written to cover many situations at once.
Frequently Asked Questions
What is the court's main goal in construing a statute under this section?
To pursue the intention of the Legislature, if that intention can be determined.
What governs when construing an instrument like a contract?
The intention of the parties, pursued in the same manner as legislative intent is pursued for a statute.
What happens when a general provision and a particular provision conflict?
The particular provision is paramount; it controls over the inconsistent general one.
Does the same rule apply when a general intent and particular intent conflict?
Yes. A particular intent controls a general one that is inconsistent with it.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: particular provision controls over general californialegislative intent statutory construction rule