PURPOSIVE APPROACH Flashcards
Mischief rule
Looks beyond the mischief rule
What case defines the rule
Magor and st melons v Newport cooperation
What judge supports
Lord denning
Lord denning statement in magor and st melons v Newport cooperation
We sit here to find out the intention of parliament and to carry it out and we do this better by filling in the gaps and making sense of it rather then analysing the words
RCN V DHSS
the abortion act states that termination of a pregnancy is only legal if preformed by a ‘registered medical practitioner’ by 1972 surgical abortions were largely being replaced by drug induced abortions with the second stage of the process generally carried or by a nurse
It was held that the aim of the stature was to regulate abortions and protect women by insuring they were treated medically by qualified doctors
R v register general ex latte smith
At the age of 18 an adopted child may apply for a copy of their birth certificate he wasn’t able to get the certificates as he was in a mental health institution and has a huge problem with why he has been put up for adoption by his mam so it may put her at risk. The courts went in her best interests and prevented her from harm by using the purposive approach and adoption act
Coltman v Bibby tankers
Employee killed on a ship as it sank. The employees representative argued that his death had been caused in the course of employment because of defects in equipment, referring to the shop provided By defendants. Court had to decided whether the word equipment in the employers liability act which was defined in the act as including ‘any plant and machinery, vehicles, aircraft and clothing’ could be ship
Fitzpatrick v sterling housing asson
Homosexual couple lived together. Tenant died leaving partner . Rent act 1977 used purposively in order to allow a close whether or not tenant was classed as family
