Literal Rule Golden Rule and the Mischeif Rule

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Robbie Higginson        Law 1 15 January 2002        Question five

When judges interpret statute, they have three rules to follow. These are the literal rule, the golden rule and the mischief rule. The whole reason these rules are here is to interpret laws so that the legislation serves its purpose of which it was introduced. The rules examine the wording of the particular statute and are the most common approach of interpretation of the English legal system. The three rules take different approaches in the interpretation and some judges use one rule while another prefers to use another rule. That is why we have three rules not just one. This means that in English law the interpretation of statute may differ depending on which judge is hearing the case. Once an interpretation has been made, a judge can form a new precedent for future cases in the same area of law. Since the three rules can result in very varied outcomes, it is important to understand the three rules.

The LITERAL RULE means that judges will give the word its original and literal meaning even if the result is not sensible or unfair. It simple means the words of the act are clear then you must follow these words even if they are stupid and the legislation must not be questioned by the court. The rule has been in the English legal system for many years it has been used in many cases. A good example of the literal meaning defeating the intent of parliament is Whiteley v. Chappell (1986).  In that case, the court held that on a literal interpretation of the words of the particular legislation, Whiteley could not be convicted of impersonating “any person entitled to vote’ at an election”, as the person he had impersonated was dead.  On a plain, or literal interpretation the ‘deceased are not entitled to vote’ so, Whiteley did not commit that crime.  No doubt this was probably not the intent of Parliament in passing the piece of legislation, but is was the logical conclusion if one used the literal.

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In Ailsa Craig Fishing Co Ltd v Malvern Fishing Co Ltd, Securicor were contracted to provide security for two fishing boats, which happened to sink in Aberdeen Harbour.  A clause was written in Securicors’ contract limiting liability for ‘failure in the provision of services’ to £1000.  The House of Lords held that the clause applied even though Securicor failed to provide any security on that occasion.

The GOLDEN RULE is basically an updated version of the literal rule the rule looks at the literal meaning of the word the court must then avoid an interpretation, which would then ...

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