Jet Ski Essay

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PART A.
1. MATERIAL FACTS
The material facts are the key facts which arbitrate the outcome in a case. The material facts in this particular case are as follows: the appellant jet ski collided with the respondent jet ski in the water, causing him important facial injuries. The appellant is charged under section 58 (2)(a) of the Merchant Shipping Act 2001. The appellant is asking for his indictment to be quashed arguing that his jet ski was not a ship within section 58(1). - para 6 failed 2. LEGAL ISSUES
A legal issue is the point argued by both parties which is left down to the judge to solve by him/her interpreting the law in each case. In other words it is the question given to the judge to answer. The legal issue in this case is whether the jet ski is a ship within section 58 of the Merchant Shipping Act 2001 and whether the purpose of a ship, under the M.S.A. 2001, require navigation to be a 'planned or ordered movement from one place to another' or includes the pleasure of 'messing about in boats' . (para 29). …show more content…

STATUTORY INTERPRETATION
When a case involves a statute the courts will use the statutory interpretation mainly because most statutes are often really plain and straightforward when it comes to their meaning. This issue was first raised by Lord Denning and now is used by all judges as to interpret and apply the legislation in cases. There are three types of rule when it comes to statutory interpretation:
a. The Literal Rule: taking the literal meaning of the statute and applying it to the case.
b. The Golden Rule: using the common sense to make a judgment, this is usually referred to when a judge uses the literal rule but the outcome is too absurd.
c. The Mischief Rule: is when a judge try to find out the meaning behind the legislation as in what the Parliament meant when creating the

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