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6 Cards in this Set

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  • Back
  • 3rd side (hint)

What is the Literal Rule?

Words should take their literal meaning (dictionary definition) in the context of the stature.

Berriman - Ratio

D would only receive compensation if injured when "repairing or relaying" tracks. As D was killed while oiling the tracks, his widow received no compensation.

Oiling

Cheeseman - Ratio

It was illegal to expose oneself to a "passenger" (masturbating) but the D exposed himself to a Police officer who arrested him. This wasn't a crime as literally, the police officer wasn't a "passenger".

Passenger

Whiteley v Chappell - Ratio

It was illegal to impersonate an "entitled" voter however the D used the vote of a dead person so literally, they were not "entitled" so no crime was committed by the D.

Dead

Fisher v Bell - Ratio

It was illegal to "offer knives for sale" however the D was asking customers to "make offers" so literally, he was not "offering" knives and no crime has been committed.

Offers

Only 2 needed for exam

But must explain how they apply to the rule.