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Analysing legal texts - Outline Example

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Analysing Legal Texts 1. Write a case summary identifying the material facts, the issues, the reasoning on each issue,the decision in the case and the ratio In the case of R v Goodwin the facts are as follows; Goodwin while riding his PWC (a type of a water bike) recklessly had a collision with another PWC, which was not moving and due to such a collision the rider of the second PWC suffered grievous bodily harm…
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Analysing legal texts
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Download file to see previous pages Goodwin pleaded that his PWC did not constitute a Ship in the statutory definition and it was not a sea going vessel and further that he was not a Master employed thus he not be chargeable under the Merchant Shipping Act 1995. in the initial trial his PWC ruled as a ship and Goodwin pleaded guilty however in his appeal the following questions of law arise: 1. Weather the PWC fell in the statutory definition of a ship ? 2. The meaning of the Word Sea going as per the Merchant Shipping Act 1995 3. Weather Goodwin fell under the category of Master Employed Weather the PWC fell in the statutory definition of a ship The statutory definition Merchant Shipping Act 1995 is provided in s.313(1):- “ship includes every description of vessel used in navigation”. The Court treated this statutory definition in two phases with the first being a vessel and the second being the capability of independant navigation. The court relied on Steadman v Scofield1 where a jet ski was not considered a vessel due to its design concluded that a vessel in its traditional meaning and considered it a hollow object of boat like design capable of transportation trasportation over water and concluded that even though a jet ski was not considered a vessel the PWC in this case was indeed a vessel. The Second test of Navigation was taken not in the literal sense but in its wider meaning and was concluded the ability to go from point A to B when ordered as in Curtis v Wild however as said in Steedman v Scofield the random movement meant for joy was not considered as navigation for the purposes of the statue concerned. Thus the PWC was not considred a Ship. Sea going as per the Merchant Shipping Act 1995 The Statue requires the vessel to be capable of voyage over sea and in this case the in fact ridiculed on the thought of a PWC capable of serious voyage and thus ruled it outside the statutory definition of Sea going vessel for the purpose of the statue and concluded that a vessel meant for recreation or purely for pleasure even though it may be capable of voyage in the literal sense was not to be taken as an actual sea traveling craft as per the requirement of the law. Weather Goodwin fell under the category of Master Employed The Merchant Shipping Act requires is for the Master Employed in a sea going ship. The Court decided in the positive to the last issue of law as Lord Phillips CJ said applied the act on a scenario of his devising that a person owning a yacht would also be punishable under the law if he so criminally injures a person. The Ratio in this case is concluded to be that in Order to be convicted under the Merchant Shipping Act 1995 Sec. 58 one needs to qualify the criteria and the three questioned as explained above state that a Ship defined as a craft capable of transport of people and goods and used in accordance with a pre-set navigation for the sake of fulfilling transportation related objectives 2. Identify within this case, examples of the literal rule of statutory interpretation.explain why u believe each example is of the literal rule. The Literal rule of interpreting a statue is when the Court reads the wording of the statue with its dictionary literal meaning without adding or subtracting anything of its own creation. The ...Download file to see next pagesRead More
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