A word in the imperfect tense signifies a thing still incomplete.

Explanation

In construing instruments and statutes, verb tense matters — the imperfect tense indicates an action or state that was ongoing and not yet completed at the relevant time.

Where this applies

• A statute says a building permit 'was being reviewed' at the time of a regulatory change, and the court holds the permit was still pending and not yet approved because the imperfect tense indicates an incomplete action.
• A contract states the buyer 'was making payments' at the time of default, and the court interprets this to mean the payment schedule was ongoing and not yet completed.
• A witness testifies that the defendant 'was leaving' the building when police arrived, and the court interprets this to mean the departure was in progress and not yet finished.

See also

• 10.1.1 Liberal constructions of written instruments are to be made, on account of the simplicity of the common people, so that the thing may have effect rather than perish; and words should serve the intention, not the intention the words.