The Literal Rule - relevant essay content mindmap

Hopefully this can help you if you're a waffler (no offence) :) Just include the points in the order and you should have a sound answer :)

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  • Created by: Laura
  • Created on: 18-03-13 21:16
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  • The Literal Rule
    • 1.  words in statute must be given plain, ordinary, dictionary definition
    • 2.  R v Judge of the City London Court (1892): "If the words of an act are clear then you must follow them even if they lead to a manifest absurdity
    • 3. Whiteley v Chappell (1868)
      • 1. Defendant used the vote of a recently deceased person
      • 2. Law states it is an offence to "impersonate any person entitled to vote"
      • 3. Using the literal rule, court judged that as a dead person isn't literally entitled to vote, no offence had been committed
    • 4. (In case of 10 min answer) LNER v Berriman (1946)
      • 1. A railway worker was killed whilst oiling the track and no look out man had been provided  
      • 2. The Fatal Accidents Act 1846 states that compensation would be payable to those killed whilst 'repairing or relaying' the track'
      • 3. Under the literal rule 'oiling' = maintenance not repairing or relaying therefore Mrs Berriman didn't get any compensation (absurd result)

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