RULES OF STATUTORY INTERPRETATION

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RULES OF INTERPRETING STATUTES

Following are the rules used by judges for interpreting statutes:

1.----The Literal Rule

The Literal Rule is used to give words their ordinary and grammatical meaning.

EXAMPLE: FISHER v. BELL

An example of the use of literal rule is found in Fisher v. Bell case, where a shopkeeper could not be prosecuted for displaying flick knives in the shop window because it was only an invitation to treat rather than an offer.

2.----The Golden Rule

The Golden Rule is used to give words more than one meaning or it provides an absurd result.

EXAMPLE: RE SIGSWORTH

An example of the use of golden rule is found in Re Sigsworth case, where a son murdered his mother. The word 'heir' was interpreted to mean 'rightful heir' so the son could not profit from his crime.

3.----The Mischief Rule

The Mischief Rule provides a remedy for the mischief for which the Act was enacted to prevent.

EXAMPLE: SMITH v. HUGHES

An example of the use of mischief rule is found in Smith v. Hughes case, where six prostitutes were found guilty, under Street Crimes Act, of shouting at men from their balconies to attract them.

4.----The Eiusdem Generis Rule

This rule is used where general words are followed by specific words and the general words are interpreted in the light of specific words.

EXAMPLE: CATS, DOGS, AND OTHER ANIMALS

In the phrase "Cats, dogs, and other animals", the other animals are interpreted in the light of other domestic animals.

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