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English legal system
Illustration 3 – Mischief rule
GORRIS v SCOTT 1874
Facts:
The Contagious Diseases (Animals) Act 1869 provided that any ship carrying
animals should contain them in pens. The defendant neglected his duty, and
some of the claimant’s sheep were washed overboard and lost.
Held:
Since the purpose of the statute was to prevent the spread of contagious
disease, and not to guard against the danger of the property being washed
overboard, the claim failed.
Purposive rule
This is a more modern approach. Here the court is not just looking to see what the
gap was in the old law, it is making a decision as to what they felt Parliament meant
to achieve.
Illustration 4 – Purposive rule
GARDINER V SEVENOAKS RDC 1950
Facts:
The purpose of an Act was to provide for the safe storage of film wherever it
might be stored on 'premises'. The claimant argued that 'premises' did not
include a cave and so the Act had no application to this case.
Held:
The purpose of the Act was to protect the safety of persons working in all places
where film was stored. If film was stored in a cave, the word 'premises' included
the cave.
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