Literal golden mischief rules essay

Essay question Read these two answers and assess what mark you think they should get and why, entering it into the box.

literal rule

The Sexual Offences Act made it an offence to solicit in a street or public place, but the prostitutes were actually soliciting men who were on the street, from a ground floor window. A railway worker whilst doing maintenance was killed oiling points across a railway line. The full force of the literal rule was demonstrated in the case of Whitely v, Chappell Charges were brought under the Official Secrets Act for an offence which involved being 'in the vicinity of any prohibited place'.

literal rule advantages and disadvantages

The rule was described by Lord Esher in R v City of London Court Judge [] 1 QBwho said that 'If the words of an Act are clear, you must follow them, even though they lead to a manifest absurdity.

A good example of such absurdity arising from the literal rule being used can be found in Fisher v Bell [] 1 QB Traditional use[ edit ] In the century in which it was created, and for some time thereafter, the mischief rule was used in a legislative environment very different from the one which has prevailed in the past two centuries.

Mischief rule of interpretation ppt

History[ edit ] The rule was first set out in Heydon's Case [] 76 ER 3 CO REP 7a, [3] [4] where the court held that four points should be taken into consideration: For the sure and true interpretation of all statutes in general be they penal or beneficial, restrictive or enlarging of the common law , four things are to be discerned and considered: 1st. In Smith v. Under this application of the golden rule, the court must only choose between the only possible meanings of a word or phrase. The defendants were calling to men in the street from balconies and tapping on windows. A shopkeeper was charged under the Restriction of Offensive Weapons Act with the offence of offering for sale flick-knives. It is preferable to the other rules as they tend to simply apply the law in a narrow, rigid manner even when this will have undesirable results. Clearly this would have caused outrage and the court saw fit to modify the relevant rules so as to prevent this from happening.
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Literal Rule Golden Rule and the Mischeif Rule