Literal and mischief rule of statutory interpretation

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Created by: PatrickWhiteford
Created on: 06-11-18 19:12

What is the literal rule?

Words are given their natural and ordinary meaning

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R v Harris

D bit off victims nose. Statute said that it was an offence to "stab, cut or wound"

2 of 6

LNER v Berriman

Man killed while oiling the track, compensation for those "relaying or repairing" the track

3 of 6

Fisher v Bell

Displaying a knife in a shop window. An item in a shop window is an invitation to treat, legal.

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What three things are considered when applying the mischief rule?

a) What was the law before the act was passed? b) Identify what was wrong with the law c) Decide how Parliament intended to improve the law in question d) Apply that finding to the case before the court

5 of 6

Smith v Hughes 1960

Ds were prostitutes who had been charged under Street Offences Act. As they were soliciting from a private place, they had not broken the law.

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Other cards in this set

Card 2

Front

R v Harris

Back

D bit off victims nose. Statute said that it was an offence to "stab, cut or wound"

Card 3

Front

LNER v Berriman

Back

Card 4

Front

Fisher v Bell

Back

Card 5

Front

What three things are considered when applying the mischief rule?

Back

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Literal and mischief rule of statutory interpretation