364146
| Question | Answer |
| What is the Literal Rule? | It requires the court to give a word or a phrase in its ordinary and natural meaning. |
| How is Parliaments intention best discovered? | By giving each word is literal or dictionary meaning. |
| When should the LR still be followed? | If the result is unfair, undesirable or not what Parliament would've intended. |
| Name a case which helps describe the LR | IRC v Hinchy Facts - He forgot to declare interest income in savings account. Statute - Undeclared income will have triple tax Problem - Statue was unclear - triple tax on all tax or just savings Outcome (LR) - He had to pay triple tax on all tax (Harsh decision) |
| Name a case which helps describe the LR | Whitely v Chappell Facts - Defendant knew someone who had recently died, so filled in a vote at poleing station for him Statute - Criminal offence to impersonate somebody entitled to vote Outcome (LR) - NOT GUILTY as man was not entitled to vote (undesirable result) |
| Name the three advantages of the Literal rule | 1) Respects parliamentary sovereignty 2) Consistent with the idea of democracy 3) Can highlight problems that need addressing |
| Name a case that helps describe the advantage that the LR can highlight problems in law | Fisher v Bell Facts - Defendant displayed flick knives in his shop window Statute - It's an offence to offer for sale a flick knife Outcome - NOT GUILTY as priced item in a window is not an offer but an invitation to treat (undesirable result) |
| What are the three disadvantage for the literal rule? | 1) The court presumably couldn't have discovered the intention of parliament if the result is unfair or undesirable. 2) Can lead to unjust results 3) Words can be ambiguous, can have a penumbra around their meaning and can change their meaning over time |
| Name a case that helps describe the disadvantage of the literal rule causing unjust results and not what parliament intended. | LNER v Berriman Facts - Berriman was killed when oiling a track and the family were suing for compensation Statute - A rail company should provide a look out when someone is 'repairing or relaying' a track Outcome (LR) - HL said no as he was oiling not repairing the track |
| Name a case that helps describe the disadvantage of the literal rule that words can be ambiguous. | Houghton v Trafalgar Insurance Facts - Incident with a car with people in it and wanted their car insurance company to payout Statute - Car insurance police said there will be no payout if when the car had the accident if it was overloaded. Problem - word 'overloaded' is ambiguous Outcome - In this case there were too many people in the car so no payout. |
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