Literal Rule Flashcards
Define the Literal rule
The words in the act must be the plain, ordinary, grammatical, literal meaning from the English Oxford dictionary from the time the act was passed
What judge supports literal and what did he say
Lord Esher
We must follow literal even if it leads to a manifesto of absurdity
What other points should be made in literal
The law commission have criticized the rule in 1968
The rule has historical dominance as it was used before purposive
Respects parliamentary supremacy
Demands impossible level of draftsmanship
State all the cases for literal rule
Fisher V bell LNER v Berriman Whitely V chapel Cheesman v DPP R v Basset HMRC v Proctor and Gamble
State the facts in Fisher V bell
A man had flick knives in his shop window. The court said it was an invite to treat not an offer for sale.
State the facts of R v Bassett
Man drilled a hole in male changing room and recorded them. The court said a mans breast were different to females breasts and not considered a private bodily part.
State the facts in Whitley V chapel
A man was voting on behalf of a dead person, the court said that a dead person was not entitled to anything nor a vote
State the facts in Cheesman v DPP
Man was flashing to passer by’s of a women’s toilet, an under cover officer caught him. Defendant was acquitted on the basis the officer was stationary not a passer by
State the facts in LNER v Berriman
Widow wanted to claim for damages of her dead husband. She was not awarded damages because he was maintaining and not relaying or repairing
State the facts in HMRC v Proctor and Gamble
A pringle is not a potato snack because it is only 43% potato, therefore no tax is paid
what are the 4 advantages of the litteral rule
Certainty (rv basset )
follows parliamentary wording
unalected judges don’t make law
encurages accurate draftsmanship
what are the disadvantages of literal rule
creates absurd result
assumes every act is drafted perfectly
ambuguity to words with more than 1 meaning
bias
