Statutory Interpretation Flashcards
What is the Literal Rule in statutory interpretation?
The oldest form of statutory interpretation where words are given their natural or ordinary meaning.
Judges apply this rule first without seeking to modify the words.
What case exemplifies the application of the Literal Rule?
London and North Eastern Railway v Berriman
A railway worker was killed while oiling the track, which did not fall under the categories of ‘relaying’ or ‘repairing’.
What was the outcome in the case of London and North Eastern Railway v Berriman?
No entitlement to compensation as oiling was not covered under the statute.
The result was harsh but not absurd, hence the Golden Rule and Mischief Rule could not be applied.
What is the Golden Rule in statutory interpretation?
An extension of the Literal Rule that allows modification of words to avoid absurd results.
It is applied when the literal meaning leads to an unreasonable outcome.
What case illustrates the Golden Rule?
Re Sigsworth
A son who murdered his mother was denied inheritance despite being her sole issue.
What was the court’s decision in Re Sigsworth?
The court applied the Golden Rule to prevent an unacceptable result, denying the son any inheritance.
This was due to the application of the literal rule leading to an unacceptable outcome.
What is the Mischief Rule in statutory interpretation?
It interprets the Act to cover gaps in the previous law and focuses on the statute’s intended purpose.
This rule allows courts to consider the intent behind the law rather than solely the words.
What case exemplifies the Mischief Rule?
Corkey v Carpenter
Corkey was convicted for being drunk in charge of a bicycle, interpreted under the Licensing Act 1872.
What was the court’s rationale in Corkey v Carpenter?
The court argued that the purpose of the Act was to prevent any form of transport on the public highway when drunk, not just carriages.
This showed the application of the Mischief Rule to fulfill the statute’s intent.
