Principles and presumptions of construction, Business Law and Ethics

Principles and Presumptions of Construction:

However in the course of settling some of these disputes the courts in England have elaborated the rules that they will utilized in order to interpret whether necessary any Act also.  Assuming that the same rules have been or will be adopted by England courts, they may be summarised as follows:

(i) Literal rule

Moreover the primary rule of interpretation knows as the literal rule.  Hence it utilizes judges to interpret the words of a statute according to their literal or grammatical meaning.

Usually speaking like every word in an Act must be follow a meaning and no word is to be added to taken from the Act.

(ii) 'Mischief' rule  (Rule in Heydons Case)

So however under this rule the court will examine the Act to ascertain what its purpose was and the 'mischief', or defect then in the common law which it was intended to remove.  Therefore this rule was explained in HEYDON'S CASE as givens;:

"Four things are to be considered and discussed:;

(i) First is 'what was the common law earlier than the making of the Act?'

(ii) is 'what was the mischief and defect for that the common law did not offer'

(iii) is 'what remedy has Parliament appointed resolved to cure the disease?'

(iv) and  forth is 'what is the true reason for the remedy?'  Judges shall.... make such construction as shall suppress the advance and the remedy".

Posted Date: 1/16/2013 2:54:34 AM | Location : United States







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