Solution for Business Law 3rd Edition Chapter 3, Problem 3

by Nickolas James
128 Solutions 13 Chapters 27772 Studied ISBN: 9780730305743 Business Law 5 (1)

Chapter 3, Problem 3 : 3.The term ‘phone’ is not defined in the...

3.The term ‘phone’ is not defined in the Act. How should the term be defined? In your answer refer to the rules of statutory interpretation.


Step-By-Step Solution

See Business Lawpp129-143.

According to the literal rule of statutory interpretation, words and phrases should be given their ordinary and natural meanings. The term ‘phone’ should therefore be given its ordinary and natural meaning. One such meaning is:

… a device for transmitting sound in real time across distances.

It would include not only mobile phones but also landline phones and even online tools such as Skype.

According to the purposive approach, if there is uncertainty about whether or how the term should be interpreted, we should consider the purpose of the legislation and how we can interpret the term so as to best advance that purpose. According to the long title the purpose of the act is to ‘protect primary school children from bullying through use of mobile phones’. The term phone should therefore be limited to mobile phones.


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