Resolving Vagueness: Statutory Interpretation Flashcards
What is the Literal Rule?
All words of the statute should be read literally- given literal meaning.
What was the situation behind London and North Eastern Railway v Berriman [1946] AC 278?
A railway worker was killed whilst oiling the track. No lookout man had been provided. A statute provided compensation payable on death for those ‘relaying or repairing’ the track.
What was the ruling of London and North Eastern Railway v Berriman [1946] AC 278?
Under the literal rule oiling did not come into either of the legislative categories. Unfortunately, the widow was entitled to nothing.
Why could the Golden Rule not be applied to London and North Eastern Railway v Berriman [1946] AC 278?
This result although very harsh could not to be said to be absurd.
Why could the Mischief Rule not be applied to London and North Eastern Railway v Berriman [1946] AC 278?
There was no ambiguity in the words therefore the mischief rule could not be applied.
Why is the Literal Rule supported?
The judge is not a democratically elected official. It would be undemocratic to let them interpret statutes however they wanted.
What is the Golden Rule?
Words must be followed literally unless this leads to an absurd outcome or inconsistency.
Give an example of a narrow use of the Golden Rule.
“in the vicinity” is interpreted to mean “inside” as well.
Give an example of a case in which the wide Golden Rule was applied.
Re Sigsworth [1935] 1 Ch 98
What happened in Re Sigsworth [1935] 1 Ch 98?
A son murdered his mother. She had not made a will. Under law he would have inherited her estate. The court applied the Golden rule holding that an application of the literal rule would lead to a repugnant result. He was thus entitled to nothing.
What is the Mischief Rule?
One must look at what parliament was trying to fix by enacting the statute if there is ambiguity. Mischief means unresolved issues in the old legislation.
What is the Purposive Approach?
A combination of the three other rules, which also looks at parliament’s general intentions in setting a law.
