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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.
Supreme Court of the United States 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444 Established March 4, 1789 ; 235 years ago (1789-03-04) Location Washington, D.C. Coordinates 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444 Composition method Presidential nomination with Senate confirmation Authorised by ...
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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]
It is featured in Chappell & Co Ltd v Nestle Co Ltd ([1960] AC 87), an important English contract law case where the House of Lords stated that "a peppercorn does not cease to be good consideration if it is established that the promisee does not like pepper and will throw away the corn".
The imaginary conversation with an officious bystander in Shirlaw v Southern Foundries (1926) Ltd [1939] 2 KB 206, 227 is celebrated throughout the common law world. Like the phrase "necessary to give business efficacy", it vividly emphasises the need for the court to be satisfied that the proposed implication spells out what the contract would ...
Kyles v. Whitley , 514 U.S. 419 (1995), is a United States Supreme Court case that held that a prosecutor has an affirmative duty to disclose evidence favorable to a defendant pursuant to Brady v.