Ensure eSignature Lawfulness for Assignment of Partnership Interest in UAE

How to eSign a document: eSignature lawfulness for Assignment of Partnership Interest in UAE

this is a lecture from open tuition to benefit from the lecture you should download the free lecture notes from open tuition computational the rules of interpretation statute and this is the first time we really apart from the Earl of Oxford case this is the first time that we're going to be looking at cases I repeat you do not need to know the case names nor dates nor facts what is important is that you remember the principle of law that was established or confirmed by those cases if I tell you the story I believe the story will be more memorable than just the world principle of law so tell me the stories literal rule is the first of a this is the big one the literal the neutral rule when interpreting statute let me start I mentioned at the end of last lecture I said that the judges that the judges are sometimes faced no matter how careful the legislature is no matter how careful the committee stage report says the debate how carefully they review the precise wording word by word sentence by sentence there are occasions when I will add a phrase a sentence can be interpreted in more than one way and so we have the situation where the courts the judges Germans like Union and I mean these people are having to interpret the words that are written because the literal rule says words in a statute will be given their ordinary every tale the true meaning and there's no argument to them well there may be how do you where do you find the ordinary everyday meaning of a word there's a dictionary about which one which dictionaries are so many and so again is specified the Oxford English different size Oxford English Dictionary the OED is where you would find the meaning of a word and so if there is an element of dispute the judges will get to diction you don't already have one in court obviously look at a native dictionary today one and then open it and see the word and interpret it interpret that word ing to the meaning of the word ing to the annex and that should be straightforward shouldn't it accept the word set and it's not unusual but it's just the most extreme example the word said has I believe I've never done it myself as I believed 170 plus different meanings within a dictionary if you want to take a break from your little studies look at the rest set in the dictionary and you'll find it goes on but I've never myself been able to find more than ten or a dozen I think different meanings of the word set in those idle moments not much else to do so giving a word it's or everyday meaning is can be sometimes a little bit more difficult when you set the problem of trying to find what is the meaning of the word set particularly if it's in a set of words so the only everyday meaning unless and the unless says unless to give it that ordinary everyday meaning would lead to an absurdity that's the golden rule unless the literal rule the application of the literal would lead to an absurdity and we have a couple of cases there we've got the case sigsworth I'm going to break up here and I'm just explain to you why some cases are really in some cases of E and the sort of the situation as well the source of cases that begin with an AA v some dear I'll deal with the other because it's not on this bridge but there are the re and the V so uh other is actually assured it's an abbreviation for the monarch and if you ever see Queen Elizabeth signature you'll see that she says that self Elizabeth are and it's the abbreviation for the Latin vagina and instead of raging regional and have sex Hampton and George are used to be the same with George and of course was not to Regina because George was there X so the abbreviation just for both queens and kings and Charlie when he comes along he will be in our and Sola William tomorrow family so that's they are the royal family that's our my al roi le so that our is this the Queen it's the abbreviation for the mother no one of us is a queen doing taking legal action against the other citizens what's the queen doing taking action against a possible Clark is one of the cases and cook fur is another our case and the answer is let's not it's such an important case such a a mind-bogglingly important case that it's brought in the name of the monarch and it's not the Queen of the King is personally involved but it is a major case and that's why it's an honor cases and its leading is going to be a innovative decisions of pathfinding case REE if the case name begins with re re is Latin again and it means in relation to and this one is in relation to Sigsworth a person called six with who is involved in a dilemma which is facing the court so it's a problem an issue about interpreting statute which is faced in the court and it's the case where Sigsworth young man wanted to go out one evening and he said to his nap can ten pounds dad and his dad said no gonna show mother so he went to ask his mother there's a mom coming can you let returned parents want to go up his mother said gosh your father asked him he said no and so they both sorry but no we're not lending you any money so what would you do he killed them he just killed them that's for not lending me any money you not do that again with you the Cellini's facing obviously prison but we have to because these two old people were farmers life had never left a will they're never left instructions directions as to how their estate should be distributed in the event of their death no matter how cause then the administrator of the will that's a person the administrator of the estate if a person is appointed by a will then they called an executor or a female executrix if it's not ministering to them that's been appointed because there is no will but we need somebody to distribute the estate and that person is an administrator or female and administer attrex so there's a these two dead people who have my left at will and the administrator is now faced with the legal because he sets out in law the government has passed a piece of legislation called the intestate which medium died without leaving a will the interstate estates act of eighteen bloodline so the administrator is looking at listen and the interstate estates night says that in the event of people dying interstage then money will go to their surviving spouse or if they don't have one and in their case clearly they didn't go to a birth then nobody will devolve down to the children but young syphilis had wanted to borrow ten the only child so the whole of the s thing the whole of this farm they always land was going to devolve upon sigsworth when he wanted attend that he didn't want all this land and farm and responsibilities we only wanted to borrow ten here's a girl for a drink and the administrator said well that can't be really it come it I can't I can't pass all this land into the hands of the person who killed the parents in the first place and so he took it the administrator went to court and it's a recast asking the courts I advise what do I do and the court looked at the interstate estate site and said which shall be interpreted ing to their ordinary everyday meaning and so the estate should pass down to the Sun but that would be absurd so they switched onto the Golden Rule and said no we can't let that happen that would be an absurdity and so they they would not enforce the requirement that the asset the estate should devolve upon the murdering son and that was the case things worth don't ask me what happened to the estate if the son when getting when he was released from prison don't ask me who did get it because I don't know if it had been in calm or I dunno but if the person dies intestate in normal and no surviving relatives can be found then the estate will pass to the Duchy of Cornwall and the Duke of Cornwall is of course Prince Charles so Prince Charles would get in so it's worthwhile leaving a wiggle if only to stop Prince Charles and and lady Camilla the Duchess have gone from inheriting your wealth get yourself a will and that will prevent any possibility Whiteley chuckling I quietly in chapel waiting Chapel establishes again unless you would lead to an absurdity this is about two old men neighbors both window living next door to each other and that little bomb the mouse and they would visit each other and the door was always open for them to go in and have a drink in a jar and chatter cup of tea or coffee read the newspapers together and they talked about well the fellas had talked about home affairs in Britain about what the Prime Minister was up to and finance the discuss that discuss politics and sport and the general election was coming up and to discuss which way you're going to vote and the discus didn't talked about and decided that both of them decided they were going to vote conservative and on the morning of the election one went round to his neighbor and not Tony's to ornament there's no reply to he went in and there's his neighbour dead sitting in his chair by the fireplace the fire had gone out television was still on and he just died in his sleep in his chair so he went to the neighbor when the neighbor went to the polling station and voted ok Mike and thinking to himself later it's seen his dead friend being taken away to the funeral parlor when he thoughts of shame because I know the way that he was going to vote and he's wasted now I'll go on vote for him so he went along and registered as his neighbour and voted for his neighbour and don't know how but it was discovered the head that this dead man left apparently voted no I have no idea how it was discovered it was discovered and so the neighbor who had done the voting from his death named for his dead friend was change of God and prosecuted this is a criminal offence misrepresentation of the people fact news prosecuted and the defense counsel raised the defense and said it says within the misrepresentation of the people's bank then it is a crime to represent yourself as someone else entitled to vote and I put it to your honor that my client did not represent himself or someone else entitled to vote here presented himself as a dead person and dead persons are not entitled to vote and the court was faced with this literal interpretation of the misrepresentation for people side and they said well strictly the defense is right but that says that goes completely against the reason why the Act was passed and so because he was an absurdity they applied the golden rule so the literal rule will be applied words will be given their all or every day meaning unless to do so would lead to an absurdity the third rule is the mischief room this is what the statute is trying to control the gifts get out Laurence ethnics was about the storage of film in premises secured from fire and the man who was storing the film lots of film wriggle upon the floor we're storing it in a cave and the local council said you're not storing it in premises secure from fires in a realm but premises secure from fire under this said it's not a premise and he was taken to court prosecutor and the court had to look and say well premises normally places where work is carried out or people live for temporarily reside on meat and caves don't really fit into the heading and premises but they mischeif the reason why the cinematograph Act was passed was to restrict the fire hazard and caves are not known for their spontaneous combusted bility there's not really anything even if they do catch fire where's the danger it's not like some tower block in London that would get swallowed up Islam like towering inferno the film this premise is secure from fire army a cave is a location secure from fire so for the purposes of the Act so the purposes of the case the judges interpreted the word premise as including caves for the purposes of this particular storage of film situation garrison Scot sheep being transported by a ship in the other sailing ship and sheep had to be kept in pens of no no more than ten sheep to a pen and they were all the way across the decking of the the ship in order to prevent the spread of disease because if you let the Sheep wander around freely then they're going to if one is deceased they will spread that disease amongst the whole flock whereas if you restrict them to ten a pen then only ten most are going to die so that's what happened they restricted them and or rather they didn't they didn't risk it then they led the sheep wandered and along comes a wave and sweeps the Sheep into the sea and of course sheep with the woolly clothes can't swim they're not notable sinners not Mark Spitz or some Olympic swimmer they drown the Sheep drown and it was discovered that there were no pens on deck not been swept away they were just no pens it never happened that I wanna see reason for the pens was it so that if a big wave came along the sheep wouldn't be washed over I was in to prevent the spread of disease and down sources to prevent the spread of disease that was the mischeif if should prevent that his spread of disease and even if there had been pens away comes one takes the pens with them so the mischief law was applied what was the mischief that caused that piece of legislation to be passed mr. generes is Latin I'm sorry they often gave us things of the same class if you talk about dogs cats and other animals we knew we have specific words followed by general words you can only include into the general category things of the same nature as the specifics dogs cats and other animals we're talking about domestic pets and other domestic pets now some people keep snakes and rats as that domestic pest rock phone okay some people keep to mention this domestic pets but they're not really responsive on the illustrative tarantula and so what a good spider you are so we're looking really at this narrower version of domestic pets and you want include for instance a snail in there or a tiger so cat dogs cats and other animals yes all right it Tigers a big cat but it's not it's not clear enough to be come within the category of small let me put it that way small household domestic pets so a evans Macross was about a car that didn't came to a crossroads it came to a cross resin and there's a stop sign a halt sign not a stop sign a halt which is written on the road and he didn't he went straight though he didn't stop at this main road he just came straight on over and there's a police car man and he saw this car drive straight across and the police come chased him and he was prosecuted failure to obey the road traffic and the road traffic I said that motorists will obey then roads scientist finger-posts indication posts and other than other indications well some poster above the ground finger put a syrup of the ground direction poster above the ground the hold was written on the road and so it was not at the same class it was not under of the road visible sticking up in the air the sign indicator and therefore he escaped but he wouldn't happen again no because the law subsequently been changed so whether it be in the air or on the road you still have to have made no science expressio unius nest exclusio alterius if it had said you must have made signposts and finger-posts but he didn't mention direction posts and then to express with something if sweats clue builders if you don't put those cigarettes and other signs and then your experiment you will events I put some finger place but you don't have to obey anything else because it's not indicated so let me express the audience Latin again but you can work out this has got you expression of all here's one thing s this universal is exclusion of the alternatives and you can see that express your own es este exclusio alterius it's almost a literal word-for-word translation expression of one is the exclusion of others nor skeeter Osakis you can work out the meaning of a word from the context in which it is placed and now Skeeter our sake is the meaning now Skeeter I saw Jesus it's social neighbors and you can you can derive the meaning simply from the positioning of the word and the context in which that word is written in pari materia where we have a I mentioned already to lecture so far the Judicature acts of 1873 275 if there were a dispute about a word the meaning at all in 1873 Judicature right then that interpretation of that word in the 73 act shall be equally applied to similar in pari same material it shall be equally applied to that same word in later Judicature acts of 60 74 and 75 the purpose of a bridge for example civil partnerships are trying to find what is that says what verses purpose we talked about in in legislation before gbt we talked about husbands and wives but never fair same-sex marriages or same-sex relationships not even in Anna married relationship same-sex relationships or even a hetero relationships where the man and the woman are not officially married and therefore husband and wife the purpose of the process for the purposes of legislation the woman with whom I live but who is not my mark my wife okay a common law she may not have served enough time to be classed as common law if it were living together and then for the purposes of interpreting statute she shall be treated as my wife I shall be treated as my husband that's the purpose of approach I can't interpret statue which would lead to conflict I don't know I don't know whether that's going to a play or not comes brexit I don't know whether we're going to be bound by the conscience every statue it should be in conflict with Europe maybe you can have two bricks it kicks in