Sources of Law and Dispute Resolution - Cases

Question 1

What legal principle was established in Uber BV v Aslam (2018)?

Answer 1

Uber drivers were ruled as ‘workers’, entitling them to employment rights due to Uber’s control over working conditions.

Question 2

What did Whitely v Chappell (1868–9) demonstrate about statutory interpretation?

Answer 2

Literal interpretation failed, as impersonating a dead person wasn’t illegal since they weren’t “entitled to vote.”

Question 3

What did London & North Eastern Railway v Berriman (1946) show?

Answer 3

Literal interpretation excluded compensation, as “oiling” wasn’t classed as “repairing” under the statute.

Question 4

What principle was illustrated in Fisher v Bell (1961)?

Answer 4

Literal rule applied: displaying a knife was not an “offer for sale” but an invitation to treat, so no offence occurred.

Question 5

What did R v Allen (1872) establish under the Golden Rule?

Answer 5

“Marry” was interpreted as going through a marriage ceremony, making the defendant guilty of bigamy.

Question 6

What was the result in Adler v George (1964) using the Golden Rule?

Answer 6

“Vicinity” was interpreted to include being in the prohibited place to avoid absurdity.

Question 7

How was the Mischief Rule applied in Smith v Hughes (1960)?

Answer 7

Soliciting from windows was ruled illegal as it fulfilled the mischief the statute aimed to prevent, despite being in private.