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Rules of Language
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Ejusdem generis
- Of the same kind
- List of words followed by 'any other' of a similar type (a general phrase)
- 'Dogs, cats and other animals' means ONLY domestic pets, not wild animals
- Re Stockport Ragged, Industrial and Reformatory Schools (1898)
- 'cathedral, collegiate, chapter and other schools' means ONLY church schools
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Expressio Unius est exclusio alterius
- The mention of one thing excludes others
- A CLOSED list
- E.g. 'Coffee, tea, hot chocolate' so malt does not apply
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Tempest v Kilner (1846)
- 'goods, wares and merchandise'
- Therefore does NOT apply to stocks & shares
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Noscitur a sociis
- A word is known by the company it keeps
- Wild Animals Act 2011
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Inland Revenue Comissioners v Frere (1965)
- 'interest, annuities or other annual interest'
- > 'other annual interest'
- Therefore ONLY applies to annual interest
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Interpretive Aids
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Intrinsic
- Long & Short Title of Act
- Preamble
- Marginal notes & Headings
- Schedules
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Interpretation section (more recent)
- Theft Act 1968
- 'a weapon of offence'
- 'any article made or adapted for use for causing injury'
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Advantages
- More respectful of Parliament
- Quick & easy
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Disadvantages
- Could still have ambiguous definitions
- May not be enough
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Extrinsic
- Dictionaries
- Previous Acts of Parliament
- Case Law
- Hansard
- Law reform reports
- International traties
- Explanatory Notes (after 1999)
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Advantages
- Dictionary is quick & easy
- Hansard can clarify Parlieament's intentions
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Disadvantages
- Using Hansard may not represent entire opinion of Parliament
- Ministers may be unclear
- Danger of undermining authority of Parliament
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Purposive Approach
- Modern day version of the mischief rule
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Jones v Tower Boot Co. (1997)
- Court of Appeal decided that racial harassment by fellow workers happened
'in the course of employment' making the employer liable
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Advantages
- Makes sense to look at 'whole purpose' of the Act
- Gives effect to Parliament's intentions
- Allows judges to use common sense
- Allows judges to consider social and technological changes
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Disadvantages
- Finding the intention of Parliament can be difficult
- Undemocratic - gives too much power to unelected judges
- May cause confusion
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Mischief Rule
- Judges look for the 'mischief' that the law was attempting to prevent
and modify it to make sure that intention is achieved
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4 Factors to Consider
- What was the common law before the Act was passed?
- What was the mischief that the Act was designed to prevent?
- What was the remedy that Parliament was trying to provide?
- What was the reason for this remedy?
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Advantages
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Gives effect to Parliament's intentions
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Smith v Hughes
- Intention to stop prostitutes being a nuisance to others
whether literally in the street or not
- Allows judges to use common sense
- Allows judges to consider social & technological changes
- Allows judges to look at external aids such as Hansard
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Disadvantages
- Finding the intention of Parliament can be difficult
- Undemocratic - gives too much power to unelected judges
- Does not reflect modern needs
- May cause confusion
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Golden Rule
- Use the literal rule unless doing so would product an absurd result
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Narrow Application
- If a word is ambiguous, judge can choose a possible meaning
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Wide Application
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Only one meaning, but modify to stop absurd result
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Adler v George (1964)
- 'In the vicinity of' modified to include being IN the area
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R v Sigsworth (1935)
- Stopped son inherting mother's estate after murdering her
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Advantages
- Courts can make sensible decisions by altering definitions of words in statutes
- Parliament don't need to pass new legislation, saving time
- Still respects Parliamentary Sovereignty
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Disadvantages
- Only allows change in limited circumstances
- Unpredictable and lacks guidelines
- Its application is inconsistent
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Literal Rule
- To apply the words of the statute literally, exactly as they are written
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Fisher V Bell (1960)
- Knife displayed in shop window should have been contrary to Restriction of Offensive Weapons Act, 1959.
The literal rule was applied to say that the display was not a contract / offer to sell but just an 'invitation to treat'
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Whiteley v Chappell (1868)
- Charged with impersonating 'any person entitled to vote' the defendant was acquitted
because he impersonated a dead person, who was therefore not entitled to vote
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Advantages
- Respects Parliamentary Sovereignty
- Encourages certainty & people know where they stand
- Quick decisions can be made
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Disadvantages
- Sometimes produces an absurd result
- Hard to apply if words have more than one meaning
- Not flexible & judges can't use common sense