Purposive Approach Flashcards
What is the purposive approach?
Judges will look at the purpose of the act and will look to see what parliament wanted the act to achieve.
Features
It is a modern day approach.
It is more broader than the mischief rule as it is not limited to reformed acts.
Registrar General ex parte Smith
Law states a person had the right to obtain thier original birth certificate.
Defendant was in prison and there were evidence that he intended to kill his mother.
He was refused access to his birth certificate.
Jones V Tower Boot
Jones suffered racial harassement from co-worker so he left his job and sue the employer under the Race Relation Act for being vicariously liable for the action of the employees.
Jones won his claim.
Vicariously liable
Where the employer is responsible for the employees’ actions.
