Statutory Interpretation and Case Examples

This assignment delves into the concept of statutory interpretation, a process used by courts to determine the meaning of legislation. It examines different approaches to interpretation, including the literal rule, golden rule, and mischief rule, illustrated with case examples like Parkin v Norman. The assignment emphasizes how these rules help resolve legal disputes and ensure justice.

Legal Aspect of Business
Contents
TASK 1............................................................................................................................................1
Introduction............................................................................................................................1

Main Body..............................................................................................................................1
Conclusion..............................................................................................................................4
TASK 2............................................................................................................................................4
Introduction............................................................................................................................4
Main Body..............................................................................................................................5
Conclusion..............................................................................................................................6
REFERENCES................................................................................................................................7
The rules of statutory interpretation (2). 2017. [Online]. Available through:
<https://www.translegal.com/lesson/statutory-interpretation-2>....................................................7

TASK 1
Introduction
Agency is the legal term in which two parties comes in contractual relationship with each
other and responsible to fulfil rules and regulation which are imposed on them. Parties who form
legal contract with other are called as agent and principal. They sign written legal document and
mentioned various terms conditions with mutual consent (Weske, 2012). During this process
legal obligation on person has been considered as consideration of another person. They are
bound to attain target within stipulated time period and comply with legal rules. Agent is the
person perform function on behalf of his principal. Also he is responsible to follow instruction
provided by their agents in order to attain set of target. Furthermore, agent having authority to
perform on behalf of principal. In which one person made an offer for another person and send
the same him in order to receive free consent. If such offer has been accepted by another person
then they come in legal contract with each other. From that time, they come in legal relationship
and binding to attain target. In this report case discussed, of Northam Worldwide Ltd, which is
the freehold owner of premises at 127 and 129 Parkway London, NW1, provided a lease to
Gordon Ramsay Holdings International Ltd (GRHI). The process lease offered for the purpose of
legal obligations of the lessee to be guaranteed by Gordon Ramsay Holdings Ltd (GRH) as well
as by Mr Gordon Ramsay.
Main Body
The law of agency discussed in field of the commercial law. This respective law develops
a relation between the principle and the third party through involvement of agent as
representative of principle authority by engaging in the contractual or quasi contractual or non-
contractual fiduciary (Bryman and Bell, 2015). According to given scenario, dispute create
among Northam Worldwide Ltd and Gordon Ramsay Holdings International Ltd. In this case
lease and lessor are responsible to attain target within stipulated time period. They are bound to
fulfil legal obligation which is imposed on them as per the provision of law.
Authority is given to an agent which owed by his principle by developing a contractual
agreement of forming agency and working on behalf of main authority or owner. The agent work
as per the authority provided by his agent while working in commercial environment and
representing all the defined obligation against the third party as per the principle's direction. As
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per the agency law the authorities can be defined as actual, apparent and ratified authority which
is given to agent or representative. This case can resolve by legal authorities for the purpose of
resolve matter of parties.
Apparent authority is the dominance given to the individual who is working
independently on the behalf of the principle. In this type of relationship of agent and the
principle the representative is having authority to act on behalf of owner (Kinicki and Kreitner,
2012). But later on the principle terminated the authority of agent without communicating to
third party and person is still working in presenting the principle identity. So, the principle will
be held liable of any of the sue or losses of third party. In the given case scenario, Northam
Worldwide Ltd provide premises for lease to another party name called Gordon Ramsay
Holdings International Ltd. In this case guarantee provide by Gordon Ramsay Holdings Ltd.
Which means in case of any conflict arise among parties known as leaser and lease then Gordon
is responsible to pay amount of compensation. he took grantee ion behalf of lease which is
GRHI.
Actual implied authority is the control given to the agent by principle is type of actual
authority. In this type of responsibility, the principle conduct of action, nature, behaviours and
conduct of mouth states relationship of principle and agent (Foresti, Mähönen and Regazzoni,
2012). This relation between the parties is not expressed in written or orally. This is implied in
nature which is represented through code of conduct of owner with the agent and third party.
Actual express authority is also type of actual authority which is showcased or expressed
through a written statement or oral agreement which is enforceable by law. In this particular
relationship all the authorities conferred by a principle to its agent is defined in the legal contract.
The principal will not be held liable if the agent act extended to his responsibilities and
authorities (Hammer, 2015). However as per the common law the extended the scope of
authorities of agent in order to protect the innocence of third party.
Ostensible authority is also known as apparent authority which is given to the individual
or agent for limited time period and for accomplishing some specific task and later in terminated
from his responsibilities and powers without knowledge of third party. So, the principle will be
helped liable for the losses of third party and have to compensate over the losses of defendant.
Agency is a developed relation which binds a principle and the agent into a contractual or
non-contractual relation of working for on behalf of reasonable person to its representative. In
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relations of agency the agent is given with authorities or dominate as to represent the reasonable
individual for making any deal with third party as per the defined obligation by owner or
principal. Agency formed in the effect of two contract through which principle and agent is
developing a relationship which drives authorities for acting on behalf of chief person. Another
contracts which binds a principal in relationship with the third party through actions of agent.
Principle is the person who is main or reasonable person and engaged in developing a
relationship with other individual by providing legal or natural authorities to person who work on
behalf of main body. The agent is given with the responsibility to make legal contract or legal
relation with the third party as conferred by the principle. The principal is the person whom
identity is represented by the agent through his work or actions against the third party.
Consent is the described as the consideration between the involving parties. The
agreement develops between agent and the provide should have given free consent in order to
form a legal contract abide by law. The legal relation or contract developed between the agent
and the third party should be gained by free consent and consideration of both parties. The
contract involving minorities will not be considered as legal agreement and consider as void.
Agency of necessity is the relationship which is formed in order to react ionnfhe4v of
other party to make critical decision when a reasonable person is not able to make decisions. In
agency of relationship the agent is given with responsibility in order to develop some critical
decisions on behalf of principal body as he is not having in condition to take appropriate actions
or decision due to illness, mental or physical disability or any other personal problems (Vom
Brocke, Simons and Cleven, 2011).
Doctrine necessity provides a legal basis to act as per the agency of necessity in order to
make critical decisions. This provides an extra legal authority to an agent to act towards the
critical situation in workings and make effective decision when the main body or principal is not
able to act. Doctrine of necessity provide a legal framework and describes legislation to use
power of attorney or spouse responsibilities etc. in order to act lawful in the actions the agent
must have good faith.
Doctrine of holding out is an exceptional case to the Doctrine of Constructive or
formative notice. As per this particular principle or doctrine the person who is held out from the
duties or the responsibilities by the company as an agent. Even after this representative is acting
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as agent and working under his actual or apparent authorities then the actions of agent will be
binding on the company.
As per Estoppel an individual is not liable or bound to a contract made by an another
party on his behalf without his conferred permission or authority to act. However, the person
should be estopped by denying to the actions of the agent action or agent authority to act in
behalf of principle to the third party. The principal or authorised party should stop the third party
to believe in agent authority and denying to react on his behalf (Reim, Parida and Örtqvist,
2015).
Conclusion
Form the above report, it is affirmed that two parties name called agent and principal are
coming in contractual relationship with each other and responsible to fulfil target within
stipulated time period. They have to attain target which are allotted to them as per the rules and
regulation and policies of agency law. agent and principal both are bound to meet fulfil legal
consideration of other. Agency law define that obligation of one person has been considered as
consideration for another party. It is found that Doctrine of holding out is an exceptional case to
the Doctrine of Constructive or formative notice. Doctrine necessity provides a legal basis to act
as per the agency of necessity in order to make critical decisions. Agency of necessity is the
relationship which is formed in order to react ionnfhe4v of other party to make critical decision
when a reasonable person is not able to make decisions.
TASK 2
Introduction
According to The Interpretation Act 1978, statutory interpretation stands for legal action
taken by court in order to understand actual meaning of legislation. This is the legal term which
is majorly used at the time of deciding cases and resolve matter of parties. Numerous legal
authorities are bound to use these laws (Hertrampf and Piedad-Pascual, 2012). It consists some
basic rules, regulation and regulation which are needs to be fulfil by judges at the time of resolve
matter of parties. Statutory interpretation has been considered as legal process which is opted by
courts interpret as well as apply legislation. Such interpretation is required to be use at the time
of case include a statue. Offences are covered under criminal statutes. Person who conduct
criminal offence is known as criminal who is responsible to take liabilities and court imposed
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penalties on them equal to amount specified under law. Mens rea refers to guilty intention which
criminal may use at the time of conduct wrongful act. Major conflict can be resolve by judges
which are arise due to wrongful conduct of person. Statutory interpretation majorly used by
courts at the time resolving matter of parties and try to meet their satisfaction level as well.
Furthermore, similar interpretation as well as common rules used by courts to interpret data.
Statutes are presumed in order to make no changes under common law. These are not applying
on crown (The rules of statutory interpretation (2). 2017).
Main Body
The various tools and approaches used to interpret the various statute as per the changing
needs to be amended in the nation defined in the constitution of country. Statute interpretation in
the procedures followed by court judgement and changes done by the judges and apply new
legislation in the country (Hertrampf and Piedad-Pascual, 2012). Sometimes the language used in
defining the specific statute are simple and normal which creation situation of ambiguity while
dealing in some cases in the court. The term used in statute law develops vagueness in words and
uses of the words in public case creates a problem of contingency. So, the various rules followed
by the court judges in defining the statute law as per the case laws or the specific case hearing
are as follows:
The literal rule: This particular rule is used first when interpreting to the statute by the
court judge. This specific rules emphasis on studying about the law rather than interpreting the
meaning of statute law. The court judge studies the ordinary words written in the law in order to
study the what specific statute is saying or conveying. Then interpreting the law as per the needs
of case in practice (Hertrampf and Piedad-Pascual, 2012). This respective law focuses on the
interpreting the ordinary and literal meaning of described legislation to develop an effective
judgement as per the defined statute in constitution. This is the law which is first used or
implement in practice by judge while statutory interpretation before using another tools or
method to interpret the law. This specific legislation works on understanding the exact meaning
of the words which is written in the law. The words used in defining the statutory law in the legal
system is used with same meaning in dealing with the different cases.
Example of Literal rule
CASE- R v Maginins, 1987, in this case it is stated that defendant has been charged with
possession in order to controlled drug with intent to supply another.
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The golden rule: This is the rule used by the judges in order to make changes in the
existing laws to deal with the current case scenario. The court make judgement over the words
described the statute law in order to act as per the needs of case. The golden rule brings changes
in the word meaning which are absurd by the court judges during accessing the case.
Example to Golden rule
CASE- R v Allen, in present case defendant is person who charged with bigamy,
a criminal offence which is prohibited in Offences Against Persons Act 1861 which reads
whoever is married, marries another commits bigamy. Courts held that person is not able to
marry with another person if already married.
The mischief rule: This is very important rule for the purpose of interpretation of statute.
It can be concerned with various types of rules, regulation and policies which are imposed on
them as per the policies of law (Hertrampf and Piedad-Pascual, 2012).
Example to The mischief rule
CASE- Parkin v Norman, it can be found that from this case the court or other legal
authorities decided that the Public Order Act 1936 was never designed to deal with homosexual
behaviour in public toilets.
Conclusion
From the above discussion it is clear that The Interpretation Act 1978, statutory
interpretation has been defining as legal action which is taken by court for the purpose of
understand actual meaning of legislation. Literal is the legal term which is use by judges at the
time of resolving matter of parties and try to meet their level of satisfaction as well. This is the
legal which is majorly used by legal authorities for maintain performance and provide best
possible solution to parties who lodge their complaints in courts in order tom meet level of
satisfaction. The golden rule used by the judges in order to make changes in the existing laws.
With the help of this legal term legal authorities are able to protect exiting laws which are
previously framed and implement in entire country.
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REFERENCES
Books and Journal
Bryman, A. and Bell, E., 2015. Business research methods. Oxford University Press, USA.
Foresti, G.L., Mähönen, P. and Regazzoni, C.S. eds., 2012. Multimedia video-based surveillance
systems: Requirements, Issues and Solutions (Vol. 5
Hammer, M., 2015. What is business process management?. In Handbook on Business Process
Management 1 (pp. 3-16). Springer Berlin Heidelberg.
Hertrampf, J.W. and Piedad-Pascual, F., 2012. Handbook on ingredients for aquaculture feeds.
Springer Science & Business Media.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Reim, W., Parida, V. and Örtqvist, D., 2015. Product–Service Systems (PSS) business models
and tactics–a systematic literature review. Journal of Cleaner Production. 97. pp.61-75.
Vom Brocke, J., Simons, A. and Cleven, A., 2011. Towards a business process-oriented
approach to enterprise content management: the ECM-blueprinting
framework. Information Systems and e-Business Management. 9(4). pp.475-496.
Weske, M., 2012. Business process management architectures. In Business Process
Management (pp. 333-371). Springer Berlin Heidelberg.
Online
The rules of statutory interpretation (2). 2017. [Online]. Available through:
<https://www.translegal.com/lesson/statutory-interpretation-2>.
. 2017. [Online]. Available through: <>. [Accessed on 12th October 2017].
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