Literal Rule of Statutory Interprtation
- Created by: katieswaytohappy
- Created on: 02-12-16 11:11
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- The Literal Rule
- Judge takes 'plain, ordinary, natural' means of the words of an act even if it leads to absurdity
- Whiteley v Chappell
- Act said it was an offence to impersonate a person 'entitled to vote'
- D impersonated a dead person in a ballot; dead person is not literally entitled to vote
- D was not guilty
- D impersonated a dead person in a ballot; dead person is not literally entitled to vote
- Act said it was an offence to impersonate a person 'entitled to vote'
- LNER v Berriman
- Mr B was 'maintaining' the rack when he was killed by a train
- Act said railway board had to provide a lookout man when workers were 'relaying or repairing'
- Court decided that Berriman was not covered by the act so widow could not claim compensation
- Act said railway board had to provide a lookout man when workers were 'relaying or repairing'
- Mr B was 'maintaining' the rack when he was killed by a train
- Rule often involves use of the act to help e.g. cheeseman - judge used dictionary of 1847 to find the meaning of passenger
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