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Sources of Law

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Sources of Law

  • This topic has 1 reply, 2 voices, and was last updated 8 years ago by MikeLittle.
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • February 3, 2017 at 6:28 pm #370951
    sawyunandar
    Member
    • Topics: 22
    • Replies: 9
    • ☆

    Sir, I don’t understand the following case. Plz explain it to me.

    Gardiner v Sevenoaks RDC 1950
    The facts: The purpose of an Act was to provide for the safe storage of film wherever it might be stored on
    ‘premises’. The claimant argued that ‘premises’ did not include a cave and so the Act had no application to
    his case.
    Decision: The purpose of the Act was to protect the safety of persons working in all places where film was
    stored. If film was stored in a cave, the word ‘premises’ included the cave.

    February 3, 2017 at 7:02 pm #370957
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23303
    • ☆☆☆☆☆

    No, the word premises did NOT include caves

    The mischief was to minimise the danger of fire hazard and caves are not known to be highly combustible

    Therefore there was no fire hazard and THAT was the purpose of the legislation

    OK?

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