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







Related Discussions:- Principles and presumptions of construction, Assignment Help, Ask Question on Principles and presumptions of construction, Get Answer, Expert's Help, Principles and presumptions of construction Discussions

Write discussion on Principles and presumptions of construction
Your posts are moderated
Related Questions
Advocates Whether in sec 3(1) of the Interpretation and General Provisions Act cap 2 and sec 2 of the Advocates Act (1989) an advocate is a person that whose name has been dul

QUESTION 1 Explain the following words- 1. Promissory condition 2. Contingent condition 3. Condition precedent 4. Concurrent conditions 5. Conditions subsequent

Reduction of Capital:   4.1 The general rule is that it is illegal for a company to reduce its capital. This is so because such a reduction would be tantamount to reducing

Defined specific acts that constitute an act of terrorism:- Convention on Offences on Board Tokyo Aircraft 1963 relates to hijacking. Unlawful Seizure of Aircraft in Hague 1

Experience Law This is a law of marketing beginning that the unit cost of value added to a standard goods, calculated in constant currency, declines by a constant percentage ea

What is the difference between the plain meaning and the liberal approaches to the interpretation of contracts? Provide me with an example of each to show me you understand the dif

Q. Statutory task force on phoenix activity ? A long term option could be the establishment of a statutory task force on phoenix activity. This could be supported by all the re

Compulsory Liquidation :                                       A petition is presented to the High Court under s.218 of the Companies Act.  The petition will specify one of the

State about the underlying process - Law institutions The underlying process forms the basis of our next subtitle. The first point is, that if an optimal policy has been adopt

state the date on which the act came into force