Statutory Interpretation

Question 1

Cases for the literal rule:

Answer 1

Whiteley V Chappell
The literal rule was applied and the D was acquitted
Fisher V Bell
The literal rule was applied and the D was acquitted(invitation to treat)
London & NE Railway Co V Berriman
Killed whilst oiling/maintaining the tracks, had to have been relaying/ repairing them, therefore his wife was unsuccessful

Question 2

The 4 points of the mischief rule:

Definition comes from heydons case

Answer 2

What was common law before making the act?

What was the mischief and defect for which the common law did not provide?

What was the remedy parliament applied?

What was the true reason for the remedy?

Question 3

Cases for the mischief rule:

Answer 3

Smith V Hughes

Royal college of nursing V DHSS

Question 4

Golden rule narrow approach case:

Answer 4

R V Allen

Question 5

Golden rule broad approach case:

Answer 5

R V Sigworth

Repugnant result

Question 6

The definition of the literal rule:

Answer 6

This is where the courts will give words in their plain and ordinary meaning.