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English legal system
Rules of statutory interpretation
The process by which judges assign meanings to ambiguous words or
phrases in statutes is called the interpretation of statutes.
Judges can use certain aids, rules and presumptions to help them
assign meaning to a word.
Literal rule
Words must be given their ordinary dictionary meaning, even if this produces an
undesirable outcome.
Illustration 1 – Literal rule
FISHER V BELL 1961
Facts:
The court had to consider the meaning of the wording 'offer for sale'. It was an
offence to 'offer for sale' offensive weapons. A shopkeeper had flick-knives with
price tags attached on display in his shop window.
Held:
The court applied the fundamental principles of contract law in a literal fashion,
accepting that the display of flick-knives was an invitation to treat. It was the
customer who made an offer to buy. In consequence, the shopkeeper was found
not to be acting illegally. The aim of Parliament, however, had been to prevent
sales of offensive weapons
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