The document discusses statutory interpretation and the literal rule approach. It provides examples of cases where the literal rule was applied:
1. R v Bloxham - Bloxham was found liable for theft for selling a stolen car under a literal interpretation of the law, even though he may not have intended to handle stolen goods.
2. Fisher v Bell - A shopkeeper displaying knives for sale was found not liable under a literal interpretation because "display" does not technically constitute "offering for sale" according to contract law.
3. Procter & Gamble v HMRC - Pringles were ruled to not be potato crisps and thus not subject to VAT since, under a literal interpretation of what they are
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
Principles of constitutional interpretation of list prepared by Rajashree J J...sundarsasane
In these SLIDES there are various principles and doctrines of legal interpretation of statutes, law and provisions,this is according to article 245 to 255 and article 13 of the Indian constitution.
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
Principles of constitutional interpretation of list prepared by Rajashree J J...sundarsasane
In these SLIDES there are various principles and doctrines of legal interpretation of statutes, law and provisions,this is according to article 245 to 255 and article 13 of the Indian constitution.
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
Power point on the information delivered in class about the Mischief rule, as well as recap questions for golden rule and a little intro to Purposive Approach.
1 UNIVERSITY OF PORTSMOUTH BUSINESS SCHOOL BUS.docxhoney725342
1
UNIVERSITY OF PORTSMOUTH BUSINESS SCHOOL
BUSINESS & EMPLOYMENT LAW
(U21764 & U24401)
Unit co-ordinator - HELEN BURTON
[email protected]
Anglesea 1.60
Lecture Notes
2017
2
3
Week Week
beginning
Lecture Seminar
1 25
September
Introduction to the unit
Classification & sources of law
What is law?
2 2 October Domestic legislation and
European law
Classification and sources of law
3 9 October Case law and judicial
precedent
How to read and understand
cases
Legislation and statutory
interpretation
4 16 October Introduction to contract law
Contract formation
Case law and judicial precedent
How to read and understand
cases
5 23 October Contractual terms Contract formation
6 30 October Controls on exemption
clauses and unfair terms
Contractual terms
7 6 November Misrepresentation Controls on exemption clauses
and unfair terms
8 13 November Discharging a contract
Remedies for breach of
contract
Misrepresentation
9 20 November Introduction to the law of tort Discharging a contract
Remedies for breach of contract
10 27 November Negligence Introduction to the law of tort
11 4 December Vicarious liability, defences
and remedies in tort
Negligence
12 11 December No lecture Work on Moodle to help with
coursework due 12th January
Business Law
Autumn Teaching Block 2017
4
5
CONTENT OF THIS LECTURE
· Introduction to the unit
· What is law?
· Classification of law
· Sources of law
· Overview of the Courts System
Introduction to this unit
To help you throughout the year don’t forget these resources:
1 Two printed handouts:-
i. Lecture notes (you need to supplement these with your own notes, spaces have been
left for you to do so).
ii. Seminar questions.
2 University Library
3 Moodle
4 Lecturer and seminar tutors
5 Core text
6 Unit handbook, this is on Moodle and has lots of useful info about the unit, you will need to
refer to it throughout the year
Lectures only give an overview of a topic.
You need to read beyond your lecture notes!
LECTURE ONE
Introduction to the Unit
Classification and Sources of Law
6
Preparation for seminars
Seminars are most important and you should prepare for them properly and attend each week.
Evidence shows a clear link between those students who do not attend seminars and those who do
badly and fail coursework and exams
To ensure this does not happen to you make sure you:
Read the pages of the core text indicated on the seminar sheet before the seminar.
· Identify what words you will need to understand in order to answer the questions on the seminar
sheet.
· Prepare answers to the questions on the seminar sheets.
· After the class, engage in some further reading as listed on your seminar sheets.
· Ask your seminar tutor to go over any points you are not certain about, they
are ...
Agreement in Contract : Mirror image rulePreeti Sikder
Learning Outcome:
After completion of this lesson students will -
a) learn about the different interpretative perspectives under the objective principle
b) be able to identify relevant legislative provisions relating to communication of proposal under the Contract Act, 1872
c) learn about the Mirror Image Rule
d) be able to identify the pros and cons of the Mirror Image Rule
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
2. Lesson Objectives
All learners will be able:
To understand what is statutory interpretation and
why we need it.
Most learners will be able:
To understand the Literal Rule.
Some learners will be able:
To be able to apply the literal rule to different
sources.
3. Stat Interpretation - What is it?
Civil cases come before the courts because there is a disagreement between the
parties either: WHAT HAS HAPPENED (FACT) or WHAT RULES APPLY TO SITUATION
(POINT OF LAW).
Courts have 2 roles – to decide issues of fact AND…?
…to decide points of law!
However at times there may be confusion as to what certain laws are meant when
they were passed, and this is when judges need to interpret the statute
accordingly.
Criminal cases – issues of fact are sometimes decided by a ……….. Or in
Magistrate’s court by a ………………………. But points of law are always decided by
Judge.
In civil cases a judge decides both issues.
4. Problems of interpreting statutes…
What do you think makes the written law so
unclear that the parties to a dispute can each
have a valid but different view of the law?
(POSTER 10 mins)
5. Problems of interpreting statutes…
1. Language is not a precise tool.
“It shall be a criminal offence for any vehicle to enter the park”
What is a vehicle? Could we expect a vehicle for a disabled person
from entering parks, or a child’s bicycle, or – Twining v Myers
(1982) did roller skates amount to a vehicle?
These are all open to debate depending on our interpretation of
the word ‘vehicle’ therefore words often take their meaning from
their context, so there are shades of meaning.
6. 2. The meaning of words changes over time.
When the Telegraph Act 1869 was passed the
telephone had not been invented, so in subsequent
cases it was necessary to extend certain provisions of
the Act to cover telephone messages.
3. The drafting of the legislation might have been
hurried.
When the courts need new laws, they need to pass a
new law quickly through parliament. Nobody challenges
the wording because everyone is happy with the
purpose of the legislation. E.g. The Dangerous Dogs Act
1991 wording is unclear.
7. 4. Unlike a conversation between two people,
there is no recourse to the original speaker
when the problem arises.
There is no opportunity to say, ‘Excuse me, but
I didn’t quite follow. What exactly did you
mean by that?’ If confusion arises in a letter to
a friend, it is not hard to write back. However
in a game where there are rules, unless it is
possible to contact the manufacturer, the
players would be forced to make up their own
extensions to the rules.
8. • Legislation may be applied in situations not
envisaged by the legislators.
• The way in which we interpret the meaning of
any communication depends on who we are
and what our past experiences have been.
Any more?
9. Why do we need statutory interpretation?
When problems arise interpreting statutes, courts do
not have an immediate opportunity to contact
Parliament because:
a) It is a matter of practical policy not to put direct
questions to Parliament.
b) It is unlikely that the same members of Parliament
would be available to be questioned.
Therefore problems can arise when a judge has to
decide whether a particular piece of legislation applies
to the situation before court.
10. How does a judge interpret statute?
1. Presumptions – what is this?
A judge begins by assuming certain things.
These will be taken true unless a good argument
is given to demonstrate the presumption should
not apply.
Judges should construe the words of the statute
in context and not in isolation – using internal
and external aids to construction;
11. How does a judge interpret statute?
2. Rules of language
Euisdem generis rule: where list is followed by
general phrase, interpret general phrase in
light of preceding words.
• “Cat, dog, hamster and other animals” = other
‘domestic’ animals;
• “House, shop, factory and other places” =
other buildings.
12. Case for Euisdem generis rule
Powell v Kempton Park Racecourse (1899):
The words ‘other place’ were held to mean
‘other indoor place’ because the list referred
to a ‘house, office, room or other place’ and
‘house’, ‘office’ and ‘room’ are all indoors.
13. Methods of Interpretation – Literal
Rule
The intention of Parliament is best achieved
by giving the words their ordinary natural
meaning wherever such words are capable of
a literal meaning.
Activity –Provide the literal meaning to the case,
and decide whether Bloxham would be liable
for theft.
14. Is Bloxham liable using literal rule?
(5 mins)
Apply the literal rule to this case:
The Law:
• S22 (1) Theft Act 1968: “A person handles stolen goods if … he
dishonestly undertakes or assists in their … disposal by or for the
benefit of another person.”
Case:
• R v Bloxham:
Bloxham paid £500 for a car, and promised a further £800 once the
log book was delivered. The log book was not delivered and
Bloxham realised the car must have been stolen. Eventually he sold
the car for £200.
Is Bloxham liable for theft?
15. A literal approach to R v Bloxham
• S22 Theft Act 1968 (1) “A person handles
stolen goods if he dishonestly undertakes or
assists in their disposal by or for the benefit of
another person”.
Answer:
X is another person who benefited from
buying a cheap car, therefore Bloxham is
guilty.
16. Fisher v Bell (1960) –IMP CASE
Apply the literal rule to see if the shopkeeper is
liable.
The Law:
Restriction of Offensive Weapons Act 1951 –
convict people who offer knives for sale . The Act
intended to reduce the number of dangerous
weapons available.
Case:
A shopkeeper displayed in his shop window flick
knives with a price ticket behind it.
17. A literal approach to Fisher v Bell
Defendant was initially charged, however on appeal he was
acquitted because:
He had not technically ‘offered’ the knives for sale, because under
contract law, his display was an invitation to treat and it was the
customers who were making the offers.
Background of contract law – 3 stages:
1. Invitation to treat – display on shelves/windows.
2. Make offer – when go to the checkout.
3. Acceptance & Consideration – payment for product.
Court assumed that parliament knows the legal technical meaning
of the word ‘offer’ so the Act was rendered ineffective here.
18. Activity
Identify in your groups how the literal rule is
interpreted.
Make notes for each case, with reasoning, ready
to discuss.
(10 mins)
19. Answers:
R v Harris (1835) – Harris was held not to have
committed this offence, because the words
read literally, indicated the use of an
intrument to ‘stab, cut or wound’.
Whiteley v Chappel (1868) – As dead people
cannot vote, the defendant was held not to
have committed an offence.
20. Answers:
London and North Eastern Railway v
Berriman (1946):
He had been routine maintenance and oiling
not ‘relaying or repairing‘ tracks. So she was
not entitled to compensation.
21. Answers:
Procter & Gamble v HMRC [2008]:
Held: Mr Justice Warren:
• Pringles are not potato crisps because they are not made wholly or
exclusively from potato, the potato content is less than 50%, they
are also made from dough. Also distinguishing them from crisps is
their packaging, and "unnatural shape”. What Pringles are 'made
from' was a question of law; which is found by combining two
issues of fact; were they made of mostly of potato, in a way other
crisps are made.
• Regular Pringles are not potato crisps applying these tests.
• Following the judgment, Pringles, in all flavours are free from Value
Added Tax (VAT). Because they are manufactured from dough,
“Pringles” are more like a cake or a biscuit.