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However, use of the literal rule may defeat the intention of Parliament. For instance, in the case of Whiteley v. Chappel, [10] the court came to the reluctant conclusion that Whiteley could not be convicted of impersonating "any person entitled to vote" at an election, because the person he impersonated was dead. Using a literal construction ...
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
Chappell & Co Ltd v Nestle Co Ltd [1959] UKHL 1 is an important English contract law case, where the House of Lords confirmed the traditional doctrine that in order for a legal contract to be binding consideration must be sufficient but need not be adequate.
Elizabeth Whiteley and her children sued the executors of Benjamin Whiteley's will (of 19 March 1874). The will contained a power to invest the fund on certain investments, including “real securities in England or Wales.” £5000 of the trust money had been lost. £3000 was invested in a mortgage at 5% return in the freehold of a ten-acre brick field near Pontefract, “with the engine ...
R v Whiteley (1991) 93 Cr App R 25 was an important case in the criminal law of England & Wales in relation to criminal damage.It established that for the purposes of the Criminal Damage Act 1971, [1] the property in question must be tangible but the damage done may be intangible. [2]
Warner Chappell Music, Inc. v. Nealy, 601 U.S. ___ (2024), was a United States Supreme Court case in which the Court held that, assuming the discovery rule applies to copyright infringement, the three-year statute of limitations for an infringement suit does not prevent recovery. [1] [2]
Chappell Roan, ‘Good Luck, Babe’ ELMONT, NEW YORK - SEPTEMBER 11: Chappell Roan performs on stage during the 2024 MTV Video Music Awards at UBS Arena on September 11, 2024 in Elmont, New York.
The classic statement is that of Lindley LJ (Re Whiteley (1886) 33 Ch D 347, 355): "The duty of a trustee is not to take such care only as a prudent man would take if he had only himself to consider, the duty rather is to take such care as an ordinary prudent man would take if he were minded to make an investment for the benefit of other people ...