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5 Cards in this Set
- Front
- Back
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Whiteley v Chappell (1868) |
D tried to impersonate a dead person to vote. Was not charged due to the literal rule as the literal meaning of 'entitled to vote' did not count to a dead person |
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London & North Eastern Railway Co. V Berriman |
Widow tried to claim for compensation when husband was killed on the railway without a look out present. It did not hold up as he was oiling points and not 'relaying' or 'repairing' it so the judge used the literal rule |
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Literal Rule |
Gives words their plain, ordinary, dictionary meaning |
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Advantages of the Literal Rule? (3) |
- Uses words from the elected political party. Parliament is our law making body and judges should follow exactly how it is written - Prevents unelected judges from making law - Makes law more certain - lawyers will know exactly how the law is going to be applied. |
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Disadvantages of the Literal Rule? (3) |
- Assumes every act is perfectly drafted but not always the case - may not suit every situation -Whiteley v Chappell - Words may be ambiguous - words are defined with several meanings such as 'type' in Dangerous Dogs Act - Lead to unfair or unjust decisions - Railway v Berriman |
