Purposive Approach A01

Question 1

Define the purposive approach

Answer 1

• Modern approach which looks beyond the words of the legislation and instead at the purpose behind it,

Question 2

What does the purposive approach view the legislation as

Answer 2

the legislation is viewed as a skeleton of the law for the judges to flesh out in time

Question 3

Fitzpatrick v Sterling

Answer 3

• Word ‘family’ under various Rent acts didn’t account for homosexual partners so Fitzpatrick couldn’t inherit the property that he had lived in for 18 years when his partner died
• HoL allowed for his appeal for the transferal of tenancy as their relation constituted ‘family’ in this circumstance even with blood or marriage