Flashcards
Literal Rule
Flashcards do conjunto (10)
- 1What is the Literal Rule?It requires the court to give a word or a phrase in its ordinary and natural meaning.
- 2How is Parliaments intention best discovered?By giving each word is literal or dictionary meaning.
- 3When should the LR still be followed?If the result is unfair, undesirable or not what Parliament would've intended.
- 4Name a case which helps describe the LRIRC v Hinchy
Facts - He forgot to declare interest income in savings account.
Statute - Undeclared income will have triple tax
Problem - Statue was unclear - triple tax on all tax or just savings
Outcome (LR) - He had to pay triple tax on all tax
(Harsh decision) - 5Name a case which helps describe the LRWhitely v Chappell
Facts - Defendant knew someone who had recently died, so filled in a vote at poleing station for him
Statute - Criminal offence to impersonate somebody entitled to vote
Outcome (LR) - NOT GUILTY as man was not entitled to vote
(undesirable result) - 6Name the three advantages of the Literal rule1) Respects parliamentary sovereignty
2) Consistent with the idea of democracy
3) Can highlight problems that need addressing - 7Name a case that helps describe the advantage that the LR can highlight problems in lawFisher v Bell
Facts - Defendant displayed flick knives in his shop window
Statute - It's an offence to offer for sale a flick knife
Outcome - NOT GUILTY as priced item in a window is not an offer but an invitation to treat
(undesirable result) - 8What are the three disadvantage for the literal rule?1) The court presumably couldn't have discovered the intention of parliament if the result is unfair or undesirable.
2) Can lead to unjust results
3) Words can be ambiguous, can have a penumbra around their meaning and can change their meaning over time - 9Name a case that helps describe the disadvantage of the literal rule causing unjust results and not what parliament intended.LNER v Berriman
Facts - Berriman was killed when oiling a track and the family were suing for compensation
Statute - A rail company should provide a look out when someone is 'repairing or relaying' a track
Outcome (LR) - HL said no as he was oiling not repairing the track - 10Name a case that helps describe the disadvantage of the literal rule that words can be ambiguous.Houghton v Trafalgar Insurance
Facts - Incident with a car with people in it and wanted their car insurance company to payout
Statute - Car insurance police said there will be no payout if when the car had the accident if it was overloaded.
Problem - word 'overloaded' is ambiguous
Outcome - In this case there were too many people in the car so no payout.
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- A-Level Law (Statutory Interpretation) FlashCards sobre Literal Rule, criado por Lily Gray em 16-11-2013.
- Criado por
- Lily Gray
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