- Words in their ordinary grammatical meaning.
- Advantages: leaves law making to Parliament and makes law more certain.
- Disadvantages: assumes that every Act is perfectly drafted; words have more than one meaning, can lead to absurd results and can lead to unjust decisions.
- Case: LNER v Berriman
Not ‘relaying or repairing’ track, but was oiling points (maintenance) Literal response – held maintenance was not within the literal meaning of the words ‘relaying or repairing’ and therefore couldn't claim compensation.
- Can choose best interpretation of ambiguous words OR avoid an absurd/repugnant result.
- Advantages: respects the words of Parliament as only used in limited situations and avoids the worst problems of the literal rule.
- Disadvantages: can only be used in limited situations, a ‘feeble parachute’ – Zander.
- Case: R v Allen
‘Marry’ meant to go through a…
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