Statutory interpretation — SQE1 Legal system question
A worked single-best-answer question on statutory interpretation, with why each wrong option is wrong — the way SQE1 traps candidates.
A statute makes it an offence to 'offer for sale' any fireworks of a specified category. Sanjay displays such fireworks on a shelf in his shop with price tickets attached. He is prosecuted. The court holds that, applying the ordinary meaning of 'offer' in contract law, a display of goods is an invitation to treat rather than an offer, and acquits Sanjay even though Parliament probably intended to catch such displays.
Which approach to statutory interpretation has the court applied?
- AThe mischief rule, because it identified the defect in the previous law that the statute was meant to remedy.
- BThe golden rule, because the plain meaning would lead to an absurd result.
- CThe literal rule, because it gave the words their plain and ordinary legal meaning even though the result may not reflect Parliament's purpose.
- DThe purposive approach, because it gave effect to the intention of Parliament.
- EThe ejusdem generis rule, because it read the word 'offer' in the light of the words around it.
Show answer and reasoning
Rule: Under the literal rule, words are given their plain and ordinary meaning even if the result seems to defeat Parliament's likely intention.
- A The court did not look at the mischief the Act was aimed at; doing so would probably have led to a conviction. (right rule, wrong facts)
- B The golden rule departs from the literal meaning to avoid absurdity; the court here applied the literal meaning. (right rule, wrong facts)
- D The purposive approach would have favoured Parliament's likely intention to catch displays, not an acquittal. (right rule, wrong facts)
- E Ejusdem generis applies to general words following a list of specific items, which is not the case here. (wrong rule)
Source: Fisher v Bell [1961] 1 QB 394; Whiteley v Chappell (1868) LR 4 QB 147
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