Flashcards
Purposive Approach
Cards in this deck (9)
- 1What is the Purposive Approach?It seeks to get away from the artificial consideration of language and to use instead the purpose/intention behind the act.
- 2Give a case which helps describe the PA.Richard Thomas and Baldwins Ltd v Cummings
Facts - When a machine was switched off workers were rotating in order to clean them by hand
Statute - Factories Act 1987 'moving parts of a machine has to be fenced while in motion'.
Outcome LR - Unlawful
PA - Lawful as purpose was health and safety so it should be allowed as it was switched off. - 3Give a case which helps describe the PA.Jones v Tower Boot Co
Facts - Physical and verbal abuse of a non-white man at work, company was taken to court not employees.
Statute - Race regulations Act 1976 'you cannot discriminate on the ground of their race in the course of an employment'
Outcome LR - Employers defense was that what was happening was not in the course of an employment - correct - not guilty
PA - Purpose was to illuminate racism in a work place and employer wad letting in happen so is liable. - 4What are the 2 advantages of the PA1) Correct approach when dealing with EU law
2) Likely to give fair result, avoids the LR - 5Give a case which helps describe the advantage that it is the correct approach when dealing with EU law?Bulmer v Bollinger
Facts - 'D' company wanted word 'champagne' to not be used by other companies.
As EU law is less precise than English law, the LR couldn't be used do the PA was used. - 6Give a case which helps describe the advantage that it can produce a fairer result.Coltman v Bibby Tankers
Facts - Mr Coltman drowned when a tanker on which he was working on sank.
Statute - Involved word 'equipment'
Outcome - LR said not equipment
PA - Purpose to keep people safe, so the tanker should included as equipment. - 7What are the 2 disadvantages of using the PA?1) Doesn't fit in with Parliamentary Sovereignty
2) Different judges will come to different decisions as to what the intention of Parliament was - depends on judge you get on the day - 8Give a case which helps show the disadvantage that it doesn't fit well with Parliamentary Sovereignty.Fitzpatrick v Sterling Housing Association
Facts - Deceased tenant had left tenancy to homosexual partner
Statute - 'You can leave your tenancy to relatives' - family
Outcome - Is a homosexual partner family?
Lawful - Was in definition on family - 3:2 decision
However, this should be Parliaments job - 9Give a case which best describes the disadvantage that the result depends of the judge you get on the day.Pinochet
Facts - Pinochet came to Britain for medical help, Spain wanted Britain to send him back
Outcome - HL 3:2 said Human rights trumps Immunity (send back)
Had to re-trail with different panel as one Lord had an interest
Final result - Immunity trumps human rights so not sent to Spain
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- A-Level Law (Statutory Interpretation) Flashcards on Purposive Approach, created by Lily Gray on 04/12/2013.
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- Lily Gray
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