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
Words are imprecise. Interpretation of words and the passages in which they are contained is a difficult task, but one nonetheless that is required when Courts are asked to apply t

INTERNATIONAL TRADE LAWS The laws controlling and regulating International trade have become one of the fastest growing areas of international law. International trade laws conce

Houghland, a passenger in one of McAnn's buses, had his suitcase stored in a luggage comp of the bus for a trip from Brisbane to Cairns. The suitcase was lost during the course of

Game theoretic approach to multiparty coalition The seminal work, for the study of game theoretic approach to multiparty coalition formation is Ricker's (1962) titled the theor

State Article1of Universal Declaration of Human Rights Article 1: 'All human beings are born free and equal in respect and rights. They are endowed with reason and conscience

Sources of US Law of Contract However the Law of Contract Act 1961, S. 2(2) provides like, except as may be provided through any written law to the time being in force, hence

Recognition of disputes Recognition of disputes relates to a State not recognizing a certain dispute. However, if the whole world acknowledges a certain dispute then it is nece

SECURED CREDITORS: A secured creditor may: (a) realize his security and prove as an unsecured creditor for the balance (if any) of his debt; (b)value the security and prov

The college contacted the state labor relations commission (LRC) to dismiss the petition due to the law did not needs collective bargaining for those who perform services as studen

QUESTION 1 (a) Briefly explain 4 functions involved in ensuring compliance with contract requirements (b) Explain how changes regarding variations and price adjustments are