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Lecture 10

STAT Lecture 10.docx

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Donna Buckingham

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28/03 Lecture 10- Words about Words Two different approaches that aid in the argument of a case. Noscitur A Sociis- words derive colour from those that surround them. Example #1- All floors steps, stairs, passages and gangways shall… be kept free of obstruction. Suing his employer for injury sustained where he worked in a factory storage area- had fallen due to something on the factory floor. A factory floor being completely free of obstruction would be unreasonable- the ordinary literal meaning of ‘floor’ on its own would not be useful Due to words following, one could argue that it only applied to the parts of the factory where employees would pass each other every day. The storage area is not a pathway, and the complainant is unsuccessful. Example#2 - …to shoot, stab, cut or wound any person The words shoot, stab, cut limit the meaning of ‘wound’ to the use of an instrument outside the human body- having used an implement to ‘break the skin’. Context of the words immediately surrounding a word can limit the definition and intent of the questionable word. Can make an argument based on context. Example#3 - …caused or permitted or suffered to go at large without a leash or other implement. Appeal of conviction due to the breach of a by-law. Judge convicted Honkey’s owner- when he left he was chained up. How he ended up on the street is unknown. Suffer- to allow something to happen. Because the owner left for work, he allowed the dog to go at large. Appealing to the context immediate to this word- cause and permit implies knowledge of the freedom of the dog. If you take the larger meaning of suffer can be passive- whether there was knowledge of it or not. Because of the company it keeps, these two words require knowledge and therefore so does suffer. When the owner left for work, Honkey was chained up. The release of Honkey by other people is not ‘suffering’, unless the owner knew about it. Eiustdem Generis : Statute has a number of specific words but is followed by more general words. You can use the specific words to limit the meanings of the following terms. Used in ordinary language as well. Scenario number one : ‘where damage is suffered by any person as a result of any wilful or negligent act or omission of any medical practitioner, dentist, matron, nurse, midwife, attendant, or any other person employed or engaged by any board and acting in the course of his or her employment or engagement…’  Should this happen, you have 6 years to get it into court.  ‘any other person employed or engaged by any board’- broad words- orderlies, assistants, councillors, physiotherapist, radiographers. Anybody who committed a wrong against you in the hospital.  All of the specific words imply that they have
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