Session 7, statutory interpretation

Question 1

What are the three rules?

Answer 1

• the literal rule
• the golden rule
• the mischief rule

Question 2

What is the literal rule?

Answer 2

courts give words their plain and literal meaning even if result isn’t sensible

Question 3

What is the golden rule?

Answer 3

Allows courts to modify literal meaning if it would lead to unreasonable outcome

Question 4

What is the mischief rule?

Answer 4

When courts look beyond literal wordings of statute to understand underlying problem

Question 5

What is the purposive approach?

Answer 5

When courts look into purpose of approach then apply it

Question 6

What do aids do?

Answer 6

assist judges with interpretation

Question 7

What are the two types of aids?

Answer 7

• internal= intrinsic
• external= extrinsic

Question 8

What are intrinsic aids and how do they help?

Answer 8

matters within statute that help make meaning clearer
- court can consider: short title, long title and preamble
- headings and schedules also provide aid

Question 9

What are extrinsic aids and what do they do?

Answer 9

Materials outside of statute to help judges interpret the meaning and purpose of legislation
- provide context
- clarify ambiguity
- reflect legislative intent

Question 10

What happened in the case of Fisher v Bell?

Answer 10

• use of literal rule
• Mr bell had flick knife in shop window with a price tag
• arrested under restriction of offensive weapons act 1959 where it states it illegal to offer for sale any offensive weapon

Question 11

What was the legal issues and courts decision in the case of Fisher v Bell?

Answer 11

Legal issues
- court had to determine if display of flick knife constituted as offer for sale
Courts decision
- applied contract law principles
- displaying goods in shop window is not an offer for sale but invitation to treat
- mr Bell was not charged