There are disadvantages to The Literal Rule.

Encourages drafting precision, promotes certainty and reduces litigation.

Respects parliamentary supremacy and upholds separation of power.No scope for the judges own opinions or prejudices to interfere.Under The Literal Rule, biting is not stabbing, cutting or wounding (implying the use of an instrument). The statute stated the offence was ‘to stab or wound’. The R V Harris case (1836), where the defendant bit the nose off the victim. Given the literal meaning of this statute, Bell could not be convicted.

The law of contract states that having an item in a window is not an intention of sale but is an invitation to treat. When brought to trial it was concluded that Bell could not be convicted given the literal meaning of the statute. Bristol shopkeeper, James Bell displayed a flick knife in his shop window. Under the offensive weapons act of 1959, it is an offence to offer certain offensive weapons for sale. One Example of The Literal Rule was the Fisher v Bell case (1960). If they do they are creating their own version of how the case should turn out and the will of parliament is contradicted. This definition says that a judge should not deviate from the literal meaning of the words even if the outcome is unjust. “ Where the meaning of the statutory words is plain and unambiguous it is not then for the judges to invent fancied ambiguities as an excuse for failing to give effect to it’s plain meaning because they consider the consequences for doing so would be inexpedient, or even unjust or immoral.” Lord Diplock in the Duport Steel v Sirs case (1980) defined the rule: Here judges rely on the exact wording of the statute for the case. This rule is the basis of all court decisions in relation to statues. As well as this, entirely new laws can be created in statutes, there are three rules used when using statute law these rules are: The Literal Rule Statute law may be used to extend, over rule or modify existing meanings of current common law. Statute law is law which is written and that is set in place by a legislature. Share this: Facebook Twitter Reddit LinkedIn WhatsApp

Mischief meaning