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9084 · 1.1.4

Statutory interpretation — practice questions

Practice and worked examples for 9084 Statutory interpretation. Short previews only — attempt the full question in MarkScheme against the official scheme.

Worked example 1

A shop displays a flick knife in the window with a price tag. Has the shop 'offered' it for sale under the Restriction of Offensive Weapons Act 1959? Apply interpretive rules. [10 marks]

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Facts (Fisher v Bell): Knife in shop window — prosecution argued 'offer for sale'.

Literal rule: Display is invitation to treat, not offer (Partridge v Crittenden, Pharmaceutical Society v Boots). Plain meaning of 'offer' in contract law differs from window display.

Golden/mischief: Act aimed to reduce knife crime — but literal interpretation favoured defendant; Parliament could have drafted 'expose for sale'.

Held: Not an offer — acquitted. Shows literal rule can frustrate apparent legislative purpose.

Exam tip: State rule → case → apply to scenario → conclusion.

Worked example 2

The Environmental Protection Act imposes a fine on any person who deposits 'industrial waste, such as chemicals, oils, solvents, or other noxious substances' into a river. The fine is £50,000 plus an additional £1,000 for every barrel of waste. A food processing company dumps 50 barrels of spoiled fruit juice into a river. Is the company liable for a fine, and if so, how much? Apply the ejusdem generis rule. [12 marks]

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1. Identify the Legal Issue: The central issue is whether 'spoiled fruit juice' can be classified as 'other noxious substances' under the Act, given the preceding list.

2. Identify the Relevant Rule of Language: The statutory phrase contains a list of specific items ('chemicals, oils, solvents') followed by general words ('or other noxious substances'). This structure points to the application of the ejusdem generis rule.

3. Apply the Ejusdem Generis Rule:

  • Step 1: Define the class. The specific words 'chemicals, oils, solvents' form a distinct class (genus). This class can be defined as artificially produced, toxic, and persistent industrial pollutants.
  • Step 2: Compare the item to the class. 'Spoiled fruit juice' is organic, biodegradable, and a food product, not an artificially manufactured chemical. Although it may be 'noxious' in a general sense, it does not belong to the same class as the specific items listed.

4. Conclude on Liability: Based on the ejusdem generis rule, the general words 'other noxious substances' are restricted to the class of items like chemicals and solvents. Therefore, spoiled fruit juice falls outside the scope of the Act. The company is not liable.

5. Calculate the Fine (Alternative Interpretation): To demonstrate full understanding, consider the outcome if a court rejected the ejusdem generis rule and applied a broad, literal interpretation where 'noxious substances' includes anything harmful or unpleasant.

  • Base Fine: £50,000
  • Additional Fine per Barrel: £1,000
  • Number of Barrels: 50
  • Calculation: £50,000 + (50 barrels × £1,000/barrel) = £50,000 + £50,000 = £100,000.

6. Final Answer: The most likely outcome, applying the ejusdem generis rule, is that the company is not liable for a fine. If a court were to adopt a broader interpretation, the potential fine would be £100,000.