Sources of English Law Unit 2.

Sources of English Law Unit 2

Part One: Preview Source of law (fons iuris) Sources of English law
Custom Common law Equity Statute law Delegated legislation European Convention of Human Rights European law

Source of law (fons iuris)
Something (such as a constitution, treaty, statute, or custom) that provides authority for legislation and for judicial decisions A point of origin for law or legal analysis

Source of English law The law of England and Wales has developed very gradually over the centuries. Methods of developing law - referred to as sources of law. A source of law can also be defined as the origin of law, or the basis of law.

A brief historical overview
Historically, the most important sources of English law: customs and decisions of judges. 18th and 19th centuries, Acts of Parliament became the main source of new laws; judicial decisions - still important as they interpret the law passed by Parliament and fill in gaps where there is no statute law. 20th century: 3 new sources of law became increasingly important: delegated legislation, EU law, and the European Convention on Human Rights.

Custom Custom - no longer an important source of law in its own right, although much of the early common law developed through the application of customs. Customs: rules of behaviour which develop in a community without being deliberately created. Two main types of custom: general customs and local customs.

General customs - important because they constituted the basis of common law. Following the Norman Conquest (1066) (as the country was gradually brought under centralised government) the judges who were appointed by the kings to travel around the country based at least some of their decisions on the common customs. General customs have long since been absorbed into legislation or case law and are no longer a creative source of law.

Local customs A situation where a person claims to be entitled to some local right, such as a right of way or a right to use land in a particular way, because this is what has always happened locally. Such customs are an exception to the general law of the land, and will only operate in that particular area. Although customs may develop, they are not part of the law until recognised by the courts; judges decide which customs will be recognised as enforceable at law.

Common law The legal system in England and Wales could not rely only on customs. Even in Anglo-Saxon times there were local courts which decided disputes, but it was only after the Norman Conquest in 1066 that a more organised system of courts emerged. The first Norman king, William the Conqueror, set up the Curia Regis (the King's Court) and appointed his own judges. The nobles who had a dispute were encouraged to apply to have the king (or his judges) decide the matter.

Common law In addition to the central court (Curia Regis), the judges were sent to major towns to decide important cases. Thus judges travelled from London all around the country. In the time of Henry II ( ) these tours became more regular and the King divided up the country into 'circuits' or areas for the judges to visit.

Common law Similar cases were decided in similar ways, and decisions of royal judges were held in great esteem by local judges. Lower courts gradually became bound by decisions of higher courts. This had the effect that the law became uniform or 'common' through the whole country, and it is from here that the phrase 'common law' developed.

Equity Equity was historically an important source of law and it still plays a part today. The word 'equity' means 'fairness', and this is the basis on which it operates.

Equity Equity developed because of problems in the common law.
The basic principle underlying the early development of the common law was that a right only existed if there was a procedure for enforcing it (ubi remedium ibi ius), and this is why English substantive law became inextricably bound up with procedure. The law was very technical; if there was an error in the formalities the plaintiff would lose the case.

Equity Another problem: the only common law remedy - 'damages' – an order that the defendant pay a sum of money to the plaintiff (now claimant) by way of compensation. In some cases this would not be the best method of putting matters right between the parties.

Equity People who could not obtain justice in the common law courts appealed directly to the king. Most of these cases were referred to the king's Chancellor. The Chancellor based his decisions on principles of natural justice and fairness, making a decision on what seemed 'right' in a particular case.

Equity To ensure that the decisions were 'fair' the Chancellor developed new remedies which could compensate plaintiffs more fully than the common law remedy of damages. The main equitable remedies were: injunctions, specific performance, rescission, and rectification. These are all still used today.

Equity Eventually a Court of Chancery under the control of the Chancellor came into being which administered equity. Equity was not a complete system of law; it merely filled the gaps in the common law and softened the strict rules of the common law.

Common law and equity The two systems of common law and equity operated separately, and this overlapping of the two systems could easily lead to conflict between them. Under the Judicature Acts , with the establishment of the High Court of Justice to administer both common law and equity, the Court of Chancery was abolished (though much of its work is still carried out by the Chancery Division of the High Court). The Judicature Acts also provided that in cases in which there is a conflict between the rules of common law and equity, the rules of equity would prevail.

Statutory law Statutary law - law passed by Parliament.
In today's world there is often a need for new laws to meet new situations. The method of judicial law-making through precedents is not suitable for major changes to the law, nor is it a sufficiently quick, efficient law-making method for a modern society. The other point is that judges are not elected by the people, and in a democracy, the view is that laws should only be made by the elected representatives of society.

Statutory law The main legislative body in the United Kingdom - Parliament. Laws passed by Parliament are known as Acts of Parliament or statutes, and this source of law is referred to as statute law. About 60 to 70 Acts are passed each year.

Delegated legislation
In addition to Parliament enacting law, legislative power is delegated to government ministers and their departments to make detailed rules and regulations, which supplement Acts of Parliament. These regulations are delegated legislation and are called statutory instruments. Unlike primary legislation, the validity of delegated, or secondary, legislation may be challenged in the courts if the maker has acted beyond the powers (ultra vires) given by the parent Act.

The European Convention on Human Rights
UK -one of the first signatories to the European Convention for the Protection of Human Rights and Fundamental Freedoms in 1950, which is usually referred to as the European Convention of Human Rights (ECHR). This Convention is a treaty of the Council of Europe.

The European Convention on Human Rights
The ECHR was incorporated into English law by the Human Rights Act in By this Act the English courts must take into account any judgment or advisory opinion of the European Court of Human Rights. The Act requires that courts seek to interpret and apply primary and delegated legislation in a way which is compatible with the Convention Rights.

European law On 1 Jan the UK joined what was then the European Economic Community, and another source of law came into being: European law. Over the years it acquired increasing significance as a source of law. After the withdrawal from the EU in 2019 (Brexit), this source of law will cease to apply to the UK.

More about sources of English law…
Common law Vs Statutory Law & Common law ... – YouTube Common law vs. equity | TransLegal

Provide the terms for the following definitions
Methods of developing law; the origin of law; the basis of law Source of law A law passed by Parliament Act of Parliament; Statute

Legislation made under powers conferred by an Act of Parliament (an enabling statute, often called the Parent Act). Most __________ legislation is governmental. Its primary purpose is to supplement Acts of Parliament by prescribing the detailed and technical rules required for their operation. D_____ legislation is also made by a variety of bodies outside central government, such as by-laws, the Rules of the Supreme Court, and the codes of conduct of some professional bodies. Delegated legislation

Law based on decisions that have been made by judges in the past: Case law (of a law, rule, or obligation) able to be imposed so that it must be complied with: enforceable

1. Rules of behaviour which develop in a community without being deliberately created: customs 2. Disagreement or argument between parties dispute 3. A person who starts an action against someone in the civil courts Plaintiff/claimant 4. One of the six divisions of England and Wales for judicial purposes circuit

A group of rights and procedures to provide fairness, unhampered by the narrow strictures of the old common law or other technical requirements of the law. Courts can issue orders such as correction of property lines, taking possession of assets, dividing assets, or injunctive relief (ordering a person to do something) to prevent irreparable damage equity

The body of rules that defines the rights and obligations of individuals and collective bodies. It refers to all categories of public and private law, including the law of contracts, real property, torts, and criminal law Substantive law The body of law which comprises the rules by which a court hears and determines what happens in civil and criminal lawsuits or administrative proceedings Procedural law

Any legal method for the enforcement, protection, or recovery of rights or for obtaining redress for their violation. Civil _______ include damages, injunction, specific performance, or declaration Also: redress, relief. Remedy Money required to be paid as compensation for an injury or wrong; monetary compensation. damages

A complaint to a superior court of an alleged injustice created by an inferior court. Appeal (hist.) 1. the secretary of a nobleman, prince, or king; 2. the title of various important judges and other high officials 3. the chief minister of state in certain parliamentary governments, as in Germany; prime minister Chancellor

A remedy in the form of a court order addressed to a particular person that either prohibits him from doing or continuing to do a certain act (a prohibitory i.) or orders him to carry out a certain act (a mandatory i). injunction

An extraordinary equitable remedy that compels a party to execute a contract according to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice will be done between the parties. Specific performance

In contract law, an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. rescission

If, due to a mistake or oversight, a written document does not reflect the actual agreement the parties to a contract have reached, the court may be willing to order r_________ of the written instrument reflecting their agreement. R_________ involves the court modifying the document by substituting the whole or part of the original text with corrected wording to give effect to the parties' true intentions.1 In r_______the document the court is aiming to put the parties in the position in which they would have been had the mistake or oversight not occurred. rectification

5. An international agreement treaty 6. Money awarded by a court as compensation to a plaintiff/claimant damages 7. The set of laws passed by Parliament legislation

Complete the following table :
SOURCE OF LAW CHARACTERISTICS General customs Local customs Common law Equity Statute law Delegated legislation ECHR EU law

Answer the following questions:
1. What are the main sources of English law? 2. What is the difference between local custom and general custom? 3. What is the difference between common law and customary law? 4. Why did equity develop? 5. What are the main equitable remedies? 6. Who creates precedents and who passes laws?

7. What are statutory instruments? 8. What is the difference between primary and secondary legislation in terms of validity? 9. When and how was the European Convention of Human Rights incorporated into English law? 10. What does the Human Rights Act (1998) require? 11. When did the UK join the European Economic Community?

Match the terms with their definitions
1.circuit A Disagreement or argument between parties 2.damages B A person who starts an action against someone in the civil courts 3. delegated legislation C. A court order telling someone to stop doing something or not to do something 4.dispute D. One of six divisions of England and Wales for legal purposes 5.injunction E Legislation which has the power of an Act of Parliament but which is passed by a minister to whom Parliament has delegated its authority 6. legislation F Money awarded by a court as compensation to a plaintiff (claimant) 7. plaintiff G. The set of laws that have been passed by Parliament and are implemented by the courts

Match the terms with their definitions
8. rectification A An international agreement 9. rescission B-. A rule, order, or administrative regulation having the force of law promulgated by the crown in council, a minister, a local authority, a corporation or other body under power delegated by Parliament 10. specific performance C. In English law, the power of the courts to correct a document that has been drawn in such a way that it incorrectly reflects the intention of the parties 11. statutory instrument D. A cancellation of a contract 12. statute E.A court order to a party to carry out his or her obligations in a contract 13. treaty F. An Act of Parliament

Fill in the missing words: administration common Conquest courts customs decisions judicial royal courts Definitions of common law: 1. The part of English law based on rules developed by the _______ during the first three centuries after the Norman ________ (1066) as a system applicable to the whole country, as opposed to local _________ . The Normans did not attempt to make new law for the country or to impose French law on it; they were mainly concerned with establishing a strong central __________. Royal representatives were sent on tours of the shires to check on the conduct of local affairs generally, and this involved their participating in the work of local courts. Under Henry II (reigned ), to whom the development of the ___________ law is principally due, the royal representatives were sent out on a regular basis (their tours were known as circuits) and their functions began to be exclusively ___________. Known as 'travelling judges', they took over the work of the local courts. To this day High Court judges still sit in London for part of the year and then travel the country to hear cases in much the same way as they have done for centuries. 2. Rules of law developed by the __________as opposed to those created by statute. 3. A general system of law deriving exclusively from court ________.

Part Two: Statutory Interpretation Preview
Approaches to statutory interpretation Aids to interpretation Rules of interpretation Cases: Davis v. Johnson (1978) and Pepper v Hart (1992)

Statutory interpretation
Approaches to judicial interpretation Many cases heard by the highest courts involve the meanings of words in a statute or delegated legislation. There is a major debate as to whether judges should interpret legislation so as to give effect to the intention or purpose of that legislation (purposive approach), or whether judges should take the words at their literal meaning (literal approach).

Discussion Law is based on language. According to you, is the wording of statutes always sufficiently precise and clear? What can the courts do if the meaning of a word or phrase in a statute is ambiguous?

Rules of interpretation
The courts developed three rules of interpretation: Literal Rule uses the ordinary, literal meaning of the words (Whitely v Chappel 1868); Golden Rule is used to avoid literal approach in cases where the application of the literal rule would result in absurdity (R v. Allen 1872). Mischief Rule is used where the court takes into consideration the gap or ‘mischief’ in the law that the Act was passed to cover. It was first applied in Heydon’s case (1584).

Literal rule Whitely v Chappel (1868) LR 4 QB A statute made it an offence 'to impersonate any person entitled to vote.' The defendant used the vote of a dead man. The statute relating to voting rights required a person to be living in order to be entitled to vote. Held: The literal rule was applied and the defendant was thus acquitted.

Golden rule R v Allen (1872) LR 1 CCR The defendant was charged with the offence of bigamy under s.57 of the Offences Against the Person Act The statute states 'whosoever being married shall marry any other person during the lifetime of the former husband or wife is guilty of an offence'. Under a literal interpretation of this section the offence would be impossible to commit since civil law will not recognise a second marriage any attempt to marry in such circumstances would not be recognised as a valid marriage. Held: The court applied the golden rule and held that the word 'marry' should be interpreted as 'to go through a marriage ceremony'. The defendant's conviction was upheld.

Mischief rule Heydon's Case [1584] EWHC Exch J36 In an action determining the validity of a lease the court formulated the mischief rule. In applying the mischief rule the court must discern and consider: What was the common law before making the Act? 2. What was the mischief and defect for which the common law did not provide? 3. What was the remedy Parliament passed to cure the mischief? 4. What was the true reason for the remedy? The role of the judge is to suppress the mischief and advance the remedy.

Aids to interpretation
Intrinsic aids to statutory interpretation are the parts of the Act which may help to clarify the meaning of a particular section. Extrinsic aids are sources outside the Act which may be consulted by the courts (e.g. dictionaries, previous Acts of Parliament, earlier case law, Hansard)

Rules of interpretation
Rules that help interpret certain formats of words are: 1) Eiusdem generis: 2) Expressio unius est exclusio alterius 3) Noscitur a sociis

Eiusdem generis where a list of words is followed by general words, then the general words are limited to the same kind of items as those in the list. For instance: if a law refers to automobiles, trucks, tractors, motorcycles and other motor- powered vehicles, "vehicles" would not include airplanes, since the list was of land-based transportation Another example: in the list "sun, moon, and other large objects", the phrase "other large objects" only includes celestial bodies, not houses and elephants

Expressio unius est exclusio alterius
‘the mention of one thing excludes another’. Where there is a list of words which is not followed by general words then the Act applies only to the items in the list. For example, if a statute refers to lions and tigers it only refers to lions and tigers and will not include leopards or any other wild animals.

Noscitur a sociis - ‘a word is known by the company it keeps’: the meaning of an unclear or ambiguous word (as in a statute or contract) should be determined by considering the words with which it is associated in the context Foster v Diphwys Casson (1887) 18 QBD 428, involved a statute which stated that explosives taken into a mine must be in a "case or canister". Here the defendant used a cloth bag. The courts had to consider whether a cloth bag was within the definition. Under noscitur a sociis, it was held that the bag could not have been within the statutory definition, because parliament's intention was referring to a case or container of the same strength as a canister.

Read the text carefully and answer the following questions:
What are the two main approaches to judicial interpretation? What are the basic rules of interpretation? What are the basic rules of language used in judicial interpretation? In your view, which courts are entitled to interpret legislation? Why? What are intrinsic and extrinsic aids to interpretation? Give an example of an extrinsic aid to interpretation. In your view, should records of parliamentary debates (Hansard) be used as an aid to interpretation? Give your reasons.

Assignment Read extracts from the judgment in Davis v. Johnson and explain which problem related to judicial interpretation was discussed.

Davis v. Johnson: Facts An unmarried mother and the father of her child are cohabitants of a local council flat, of which they are registered as joint tenants. The man beat the woman frequently, employing extreme violence. The man threatened to kill her with a screwdriver as well as to chop her body up. The woman eventually fled from the flat with her child. She applied to the County Court for her right to return to the flat and an order to exclude the man from the flat under the Domestic Violence and Matrimonial Proceedings Act 1976.

Domestic Violence and Matrimonial Proceedings Act 1976 1976 CHAPTER 50
An Act to amend the law relating to matrimonial injunction; to provide the police with powers of arrest for the breach of injunction in cases of domestic violence; to amend section 1(2) of the Matrimonial Homes Act 1967; to make provision for varying rights of occupation where both spouses have the same rights in the matrimonial home; and for purposes connected therewith. [26th October 1976] Question: Does the Act protect cohabitees as well as spouses?

Davis v. Johnson: Legal issue
Section 1(1) of the 1976 Act gives a county court the power to exclude a party from a “matrimonial home.” The question arose as to whether the Act could be interpreted to allow the exclusion of a joint tenant from a flat as well as whether its protection extends to unmarried cohabitees

Held: The House of Lords ruled that in domestic violence cases, no distinction should be made between married and unmarried couples and that the Domestic Violence and Matrimonial Proceedings Act 1976 s.1 gave jurisdiction to all county courts to grant an injunction and exclude a violent person from the home, whether married or not, irrespective of any property right vested in the person excluded. However, this exclusion should only be temporary until other arrangements have been made. Such an injunction can be permanent, but will in most cases be temporary.

Read extracts from the judgment in Davis v
Read extracts from the judgment in Davis v. Johnson (1979) and explain which problem related to judicial interpretation was discussed. The case concerned the interpretation of the Domestic Violence and Matrimonial Proceedings Act of 1976.The court had to consider whether the Act protected cohabitees as well as wives. In doing so the court looked at whether it could look to parliamentary debates. At the Court of Appeal Lord Denning referred to Hansard (transcripts of Parliamentary debates) stating, that not to do so would be like 'groping in the dark without switching on the light'. On appeal to the House of Lords the Lords restated the rule that Hansard must not be referred to. Here are some opinions of judges related to this issue:

Davis v Johnson [1978] 2 WLR 553 House of Lords
Lord Kilbrandon: "It has always been a well-established and salutary rule that Hansard can never be referred to by counsel in court and therefore can never be relied on by the court in construing a statute or for any other purpose."

Lord Scarman:"There are two good reasons why the courts should refuse to have regard to what is said in Parliament or by Ministers as aids to the interpretation of a statute. First, such material is an unreliable guide to the meaning of what is enacted. It promotes confusion, not clarity. The cut and thrust of debate and the pressures of executive responsibility, essential features of open and responsible government, are not always conducive to a clear and unbiased explanation of the meaning of statutory language. And the volume of Parliamentary and ministerial utterances can confuse by its very size. Secondly, counsel are not permitted to refer to Hansard in argument. So long as this rule is maintained by Parliament (it is not the creation of the judges), it must be wrong for the judge to make any judicial use of proceedings in Parliament for the purpose of interpreting statutes."

Viscount Dilhorne: "While, of course, anyone can look at Hansard, I venture to think that it would be improper for a judge to do so before arriving at his decision and before this case I have never known that done. It cannot be right that a judicial decision should be affected by matter which a judge has seen but to which counsel could not refer and on which counsel had no opportunity to comment."

1. What did the case concern? 2. What did the court have to consider? 3. What did Lord Denning refer to? 4. What was his argument? 5. What was the reaction of the House of Lords?

Assignment Summarize the main arguments in the extracts you have read from Davis v. Johnson (1978)

Assignment Read the following extracts from Pepper v Hart (1992) and compare them to what you have learned about Davis v. Johnson (1978):

Pepper v Hart [1992] 3 WLR 1032 House of Lords
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. A teacher sought to rely upon a statement in Hansard made at the time the Finance Act was passed in which the minister gave this exact circumstance as being where tax would not be payable. Previously the courts were not allowed to refer to Hansard (See Davis v Johnson).The House of Lords had to decide whether a teacher at a private school had to pay tax on the bonus he received in the form of reduced school fees.

Held: The House of Lords departed from Davis v Johnson and took a purposive approach to interpretation holding that Hansard may be referred to and the teacher was not required to pay tax on the bonus he received.

Lord Griffiths on the purposive approach: "The days have passed when the courts adopted a literal approach. The courts use a purposive approach, which seeks to give effect to the purpose of legislation and are prepared to look at much extraneous material that bears upon the background against which the legislation was enacted."

Lord Brown Wilkinson: „My Lords, I have come to the conclusion that, as a matter of law, there are sound reasons for making a limited modification to the existing rule (subject to strict safeguards) unless there are constitutional or practical reasons which outweigh them. In my judgment, subject to the questions of the privileges of the House of Commons, reference to Parliamentary material should be permitted as an aid to the construction of legislation which is ambiguous or obscure or the literal meaning of which leads to an absurdity. Even in such cases references in court to Parliamentary material should only be permitted where such material clearly discloses the mischief aimed at or the legislative intention lying behind the ambiguous or obscure words. In the case of statements made in Parliament, as at present advised I cannot foresee that any statement other than the statement of the Minister or other promoter of the Bill is likely to meet these criteria."

Pepper v Hart [1993] AC 593 Following the decision in Pepper v Hart [1993] AC 593, if primary legislation is ambiguous or obscure the courts may in certain circumstances take account of statements made in Parliament by Ministers or other promoters of a Bill in construing that legislation. Previously, using Hansard in this way would have been considered a breach of Parliamentary privilege.

Parliamentary privilege
a legal immunity enjoyed by Members of the House of Commons and House of Lords designed to ensure that Parliamentarians are able to carry out their duties free from interference. The privileges are freedom of speech, freedom from arrest on civil matters, freedom of access to the sovereign and that 'the most favourable construction should be placed on all the Houses's proceedings'

1. What were the basic facts of the case in Pepper v. Hart?
2. What did the teacher try to rely upon? 3. What did the House of Lords have to decide? 4. Did the House of Lords follow the principle affirmed in Davis v. Johnson? 5. Which approach to interpretation did the House of Lords take? 6. What did the House of Lords hold regarding the use of Hansard in statutory interpretation?

Answer the following: 7. What was their decision in the case?
8. What was Lord Griffiths' opinion about the literal approach to interpretation? 9. What did Lord Brown Wilkinson conclude? 10. In which cases can references to parliamentary material be permitted? 11. Which statements can meet these criteria? 12. What is the meaning of the word "payable“in the legal context? something that can be paid something that must be paid

Statutory interpretation

. Research 1. Find out more about the cases mentioned in the text. Choose one and write a summary or prepare a presentation about it Find any other case involving judicial interpretation and present it in class

Matters within an Act itself which may help make the meaning clearer. The court may consider the long title, the short title and any preamble. Other useful i__ a____ may include headings before a group of sections and any schedules attached to the Act. Some Acts include sections in which words are expressly defined. For example, the Animal Boarding Act section 5(2) states: ‘In this Act animal means any dog or cat.’ The Interpretation Act 1978 section 6 also states that unless the contrary intention appears, words importing the masculine gender also include the feminine and words importing the feminine gender also include the masculine. In addition, words in the singular also include the plural and words in the plural include the singular. Intrinsic aids

Matters which may help put an Act into context. Sources include previous Acts of Parliament on the same topic, earlier case law, dictionaries of the time, and the historical setting. In addition, Hansard can now be considered. Hansard is the official report of what was said in Parliament when the Act was debated. The use of Hansard was permitted following the decision in Pepper (Inspector of Taxes) v Hart (1993) where the House of Lords accepted that Hansard could be used in a limited way. It permits Hansard to be used where the legislation is ambiguous or obscure or leads to an absurdity, and the material relied on comprises one or more statements by a Minister or other promoter of the Bill and such other parliamentary material as is necessary to understand the statements, and the effect and the statements that were relied on have to be clear. E_____ a______ also include international conventions, regulations or directives which have been implemented by English legislation. It is thought that English law should be interpreted in such a way as to be consistent with international law. Section 3 of the Human Rights Act 1998 expressly states that as far as it is possible to do so, an Act must be read and given effect in a way which is compatible with the rights in the European Convention on Human Rights. This only applies to any case where there is an issue of human rights. Extrinsic aids

To live together in a sexual relationship, especially when not legally married. Cohabit Transcripts of parliamentary debates Hansard A lawyer or group of lawyers giving legal advice and especially conducting a case in court. Counsel

The dynamic back-and-forth activity of something, typically the discussion in a debate or argument Cut and thrust of Something, such as a car, free meals, or a mobile phone, that an employer gives to an employee in addition to their salary: Benefit in kind

Pay used by employers to recognize and reward employee contributions, improve morale, and increase productivity Bonus A law, rule, or measure intended to prevent someone or something from being harmed. Safeguard To exceed in weight, value, or importance outweigh

The process by which the meaning of an ambiguous provision of a statute, written document, or oral agreement is determined. A judge usually makes a c_____ of an unclear term in a document at issue in a case that involves a dispute as to its legal significance. The judge examines the circumstances surrounding the provision, laws, other writings, verbal agreements dealing with the same subject matter, and the probable purpose of the unclear phrase in order to conclude the proper meaning of such words. Once the judge has done so, the court will enforce the words as c______. However, for language that is plain and clear, there cannot be a c_________. construction

Uncertainty or doubtfulness of the meaning of language. When language is capable of being understood in more than one way by a reasonable person, a____ exists. Words are a________ when their significance is unclear to persons with competent knowledge and skill to understand them. ambiguity

Sources of English Law Unit 2.

Similar presentations

Presentation on theme: "Sources of English Law Unit 2."— Presentation transcript:

Similar presentations

About project

Feedback

Log in

Auth with social network:

Sources of English Law Unit 2.

Similar presentations

Presentation on theme: "Sources of English Law Unit 2."— Presentation transcript:

Similar presentations

About project

Feedback