By Terry Price (auth.)
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Extra resources for Mastering Business Law
This Act is an example of where Parliament set out the new law in general terms and then gave considerable power to the minister, in this case the Secretary of State for Employment, to make the detailed regulations. On page 21 you can see an example of a Statutory Instrument based upon the Health and Safety at Work Act. This particular example, which came into force 1 July 1982 , deals with rust-aid provision which must be made in places of employment. Failure to comply with this regulation may lead to criminal prosecution.
If they exceed these powers they are said to be acting ultra vires - 'beyond their powers' - and therefore illegally. Statutory Interpretation When Acts of Parliament are passed or changes made under delegated legislation, it is for the courts to interpret the law as laid down in the Act or Instrument. Parliament employs specialists known as draftsmen to ensure that the wording is clear and unambiguous, and usually courts must follow the literal meaning. Sometimes the literal rule leads to an absurd situation and in this case the judges apply the 'Golden Rule' which allows them to modify the language to avoid the inconvenience.
Exercise 7 A football pool coupon is an agreement lacking this essential element of legal intent. Obtain a coupon and try to find the clause which is contained on all football pools which removes the legal intent. e. the court will assume the absence of legal intent unless it is specifically included . Thus if a father promises his son an extra £1 a week for digging the garden and then refuses to pay even though the son has fulfilled his side of the agreement, there will be no breach of contract because no contract exists because of the absence of legal intent.
Mastering Business Law by Terry Price (auth.)