CMA Intermediate · Business Laws and Ethics · Introduction to Law and Legal System in India
A statute prohibits 'vehicles' from entering a public park. A court is asked whether a child's tricycle is covered. The court decides by examining the ordinary, grammatical meaning of the words and, finding them clear, applies them as they stand. Which rule of interpretation is being applied?
The literal rule is being applied. Under it a court gives the words of a statute their plain, natural and grammatical meaning when they are clear and unambiguous, without altering them. Other rules such as the golden or mischief rule come into play only when the literal meaning is absurd or the Act's purpose needs to be examined.
- ALiteral ruleCorrect
- BGolden rule
- CMischief rule
- DRule of harmonious construction
Explanation
Under the literal rule, words are given their plain, natural and ordinary meaning where they are clear and unambiguous. The court here relies on grammatical meaning without modifying it. The golden rule would be used only if the literal meaning led to an absurdity, and the mischief rule looks at the defect the Act was meant to cure.
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