1. Explain The Interpretive Difference Between Goods And Services
Unsolicited Good and Services Act
1. Explain the interpretive difference between ‘means’ and ‘include’, using the definitions in section 2.
The word ‘means’ suggests that the definition that accompanies it is exhaustive and consequently cannot mean anything different. In some instances the ordinary meaning of the word can limit the intentions of the Act. For example, the word ‘unsolicited’ in the Act is given an absolute definition which is more restricted that the ordinary meaning of the word.
The word ‘includes’ normally comes before an unfinished definition and it can imply a significant definition. The word ultimately keeps its ordinary meaning but also accepts less common connotations. An example of this is the word ‘send’ as defined in the Act, which keeps its ordinary meaning as well as taking hold of the idea of ‘deliver’. Furthermore ‘includes’ can be used to come before a list of examples, which are not meant to be …show more content…
Section 3 uses both ‘may’ and ‘shall’. Name these drafting devices and explain their operation.
Before 1998, statues that were drafted used the word ‘may’ as an index drafting device. This signals an optional requirement, which the person subject to the provision can chose whether they want to satisfy the element or not. For example, in the Act at s3(3) which outlines the procedure in which the receiver ‘may’ give notice. In s3 Parliament gives many different techniques of giving notice but these do not have to be obeyed, as there are other methods of giving notice such as email.
In contrast the word ‘shall’ operates as a compulsory drafting device. This means in derives a duty to fulfill a statutory condition. An example of this is in the Act at s3(2) which states the ‘every notice under paragraph (b) of subsection (1) of this section shall be in writing’. This means that in order for the notice to satisfy the conditions of the statute it must be in writing. In the latest times ‘must’ has largely been replaced by
1. Explain the interpretive difference between ‘means’ and ‘include’, using the definitions in section 2.
The word ‘means’ suggests that the definition that accompanies it is exhaustive and consequently cannot mean anything different. In some instances the ordinary meaning of the word can limit the intentions of the Act. For example, the word ‘unsolicited’ in the Act is given an absolute definition which is more restricted that the ordinary meaning of the word.
The word ‘includes’ normally comes before an unfinished definition and it can imply a significant definition. The word ultimately keeps its ordinary meaning but also accepts less common connotations. An example of this is the word ‘send’ as defined in the Act, which keeps its ordinary meaning as well as taking hold of the idea of ‘deliver’. Furthermore ‘includes’ can be used to come before a list of examples, which are not meant to be …show more content…
Section 3 uses both ‘may’ and ‘shall’. Name these drafting devices and explain their operation.
Before 1998, statues that were drafted used the word ‘may’ as an index drafting device. This signals an optional requirement, which the person subject to the provision can chose whether they want to satisfy the element or not. For example, in the Act at s3(3) which outlines the procedure in which the receiver ‘may’ give notice. In s3 Parliament gives many different techniques of giving notice but these do not have to be obeyed, as there are other methods of giving notice such as email.
In contrast the word ‘shall’ operates as a compulsory drafting device. This means in derives a duty to fulfill a statutory condition. An example of this is in the Act at s3(2) which states the ‘every notice under paragraph (b) of subsection (1) of this section shall be in writing’. This means that in order for the notice to satisfy the conditions of the statute it must be in writing. In the latest times ‘must’ has largely been replaced by