ELS

Question 1

The literal rule

Answer 1

London and north eastern railway co v berriman
statute provided compensation which was payable on death for ‘relaying/repairing’. railway worker was killed whilst oiling track and family argued that oiling was the same as relaying/repairing track.

Question 2

London and north eastern railway co v berriman
statute provided compensation which was payable on death for ‘relaying/repairing’. railway worker was killed whilst oiling track and family argued that oiling was the same as relaying/repairing track.

Answer 2

The literal rule

Question 3

The Golden rule - broad approach

Answer 3

sigsworth
son murdered his mother, mother didn’t have a will so estate would be inherited to next of kin meaning murderer would inherit. court didn’t want murderer to benefit from their actions so the court modified meaning to avoid absurdity

Question 4

sigsworth
son murdered his mother, mother didn’t have a will so estate would be inherited to next of kin meaning murderer would inherit. court didn’t want murderer to benefit from their actions so the court modified meaning to avoid absurdity

Answer 4

The Golden rule - broad approach

Question 5

The Golden rule - narrow approach

Answer 5

R v Allen
2 meanings of the word ‘marry’ and judge had to pick the most relevant one

Question 6

R v Allen
2 meanings of the word ‘marry’ and judge had to pick the most relevant one

Answer 6

The Golden rule - narrow approach

Question 7

The mischief rule

Answer 7

smith v hughes
‘cleaning up streets’ so started advertising prostitutes in windows to get around the law

Question 8

smith v hughes
‘cleaning up streets’ so started advertising prostitutes in windows to get around the law

Answer 8

The mischief rule

Question 9

the purposive approach

Answer 9

r v registrar-general ex parte smith
statute said that applicants should be entitled to see their birth certificate. applicant suffered mental instability and had killed a fellow prisoner who was believed to be his adoptive mother. application for his birth certificate was rejected for fears he would harm his birth mother. Court held that giving out the records in this case would not achieve Parliament’s intended purpose.

Question 10

r v registrar-general ex parte smith
statute said that applicants should be entitled to see their birth certificate. applicant suffered mental instability and had killed a fellow prisoner who was believed to be his adoptive mother. application for his birth certificate was rejected for fears he would harm his birth mother. Court held that giving out the records in this case would not achieve Parliament’s intended purpose.

Answer 10

the purposive approach

Question 11

practice statement

Answer 11

british railways board v Herrington to overrule Addie v dumbreck
Addie v dumbreck held that no doc to trespassers
british railways board v Herrington overruled when 6year old boy trespassed onto railway and got electrocuted. defendant was negligent to gap in the fence that led boy to go through

Question 12

british railways board v Herrington to overrule Addie v dumbreck
Addie v dumbreck held that no doc to trespassers
british railways board v Herrington overruled when 6year old boy trespassed onto railway and got electrocuted. defendant was negligent to gap in the fence that led boy to go through

Answer 12

practice statement

Question 13

distinguishing

Answer 13

balfour v balfour merritt v merritt
both wanted to divorce husband but cases were different so couldn’t follow precedent

Question 14

balfour v balfour merritt v merritt
both wanted to divorce husband but cases were different so couldn’t follow precedent

Answer 14

distinguishing

Question 15

overruling

Answer 15

Henley byurne v Heller overruled candler v crane christmas
HOL overruled COA in candler v crane Christmas + held that there could be liability for negligent misstatements.

Question 16

Henley byurne v Heller overruled candler v crane christmas
HOL overruled COA in candler v crane Christmas + held that there could be liability for negligent misstatements.

Answer 16

overruling