Disadvantages of the Literal Rule

Question 1

What are the disadvantages of the literal rule?

Answer 1

• Assumes every Act is perfectly drafted.
• Words may have more than one meaning.
• Following the words exactly can lead to unfair/unjust decisions.

Question 2

Why is the literal rule assuming every Act is perfectly drafted a disadvantage?

Answer 2

• It is not always possible to word an Act so that it covers every situation Parliament meant.

Question 3

When was there a problem regarding the fact that words may have more than one meaning.

Answer 3

• The Dangerous Dogs Act 1991.
• There was difficulty interpreting the word ‘type’.

Question 4

When was an unfair/unjust decision reached due to following the words exactly?

Answer 4

• London & North Eastern Railway v Berriman (1946).
• A workman’s widow was unable to claim compensation when he was killed while maintaining the track.