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Tuesday, May 4, 2010

Plain words should be construed as it is

In a shipping collision case.Lord Esher

"If the words of an Act are clear, you must follow them, even though they lead to a manifest absurdity. The court has nothing to do with the question whether the legislature has committed an absurdity. [However] If the words of an Act admit two interpretations, and if one interpretation leads to an absurdity, and the other does not, the Court will conclude the legislature did not intend the absurdity and adopt the other interpretation[1]"



[1] City of London Court Judge & Payne, R v [1892] CA


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