Flashcards
Rules
Flashcards do conjunto (6)
- 1Literal ruleGiving words their plain meaning. If the words of a statute are clear they must be applied, even if the result is absurd or may cause hardship.
Cases:
Whiteley v Chappell
Berriman - 2Golden ruleThis is used when the literal rule produces an absurd result that it convinced the court that it could not have been parliament's intention.
- 3Golden rule: Narrow approachWhere a word or phrase has more than one meaning, judges select the meaning which avoids an absurdity.
Case: R v Allen - 4Golden rule: Wide approachWhen a word or phrase has one meaning but to apply it would cause an absurd result. Under the wide approach, the court will modify this meaning to avoid absurdity.
Case: Adler v George - 5Mischief ruleHeydon's case:
What the common law was before the act was passed.
What the mischief was that the act was designed to remedy.
The remedy proposed in the act.
The reason for the remedy.
Case: Smith v Hughes - 6Purposive approachThis focuses on what Parliament intended when passing the law.
Case: Jones v Tower Boot Co
Informações
- Descrição
- A level Law (English legal system) FlashCards sobre Rules, criado por Adam . em 15-09-2019.
- Criado por
- Adam . · set 2019
- Atualizado
- 16 set 2019
- Visualizações
- 2
- Avaliação