How is the literal rule applied within Fisher v Bell?

Hey guys, i'm having some trouble understanding the literal rule and how it is applied surrounded by the above case. could anyone help me out please?

thank you!
Answers:
The complete point of this ruling was nothing to do near selling a flick knife but whether or not the knife be actually for sale. By putting a price sticker on it was merely an invitation to treat, ie inviting someone to make an hold out but not necessarily implying that such an offer would be entertain.
A Level Law, eh? =)

Let's see:

Well, under the literal rule, the courts will give words their plain, standard, everyday, literal meaning, even if the result is not very sensible. In Fisher v Bell, the defendant be a shop keeper who had displayed a flick pierce marked with a price surrounded by his shop window; he had not in reality sold any. He was charged under subdivision 1 (1) of the Restriction of Offensive Weapons Act 1959 and the court had to decide whether he be guilty of offering the knife for sale. There is a industrial legal meaning of "offer for sale" (the wording of the statute), under which putting an article (i.e. an item) in a shop windowpane is NOT an offer to sell.

The court used the literal rule within coming to the decision in this travel case. The court considered the technical meaning of "proposal for sale" and said that this was the correct literal legal import. This meant that displaying knifes contained by the window was not offering them for mart, so it was decided that the knife in the window be not "offered for sale", neither were they actually sold or hired or lent, so the shopkeeper have not committed an offence and was found not guilty.

A moral way to remember the case of Fisher v Bell is to do the following: close your eyes and conjure a man sitting on a boat in a river holding a Fishing rod in his hand. He has a Parker pen in his picket and a Bell on his helmet.

That image has a fisherman (for Fisher), a bell (for Bell) and a Parker pen(for Lord Parker, who's judgment it was to use the literal rule in the case). Great, right? Source(s): I have too dig through my old A Level book, lol.

Two great AS Law books:
http://www.amazon.co.uk/AS-Law-Exam-Revi…
http://www.amazon.co.uk/English-Legal-Sy… ---- Although it is fairly outdated - I think this is the updated version, but I'm not too sure: http://www.amazon.co.uk/English-Legal-Sy…


Related Questions: