First Principles of Business Law

Sources of law: legislation
7. Resolving the case study

7.5. The relevance of disciplinary action 

 

 

 

Can a prosecution under s 4 of the Act be brought after disciplinary action has already been taken by the sporting authority? Since the Injuries in Sports Act does not directly answer this question, which is the best approach?

(a) When faced with a question which the Act does not deal with expressly, a court must interpret the Act to give effect to the purpose or objective which the legislature intended. This purpose may be gathered from the Act itself, or from evidence outside of the Act.

(b) When faced with a question which the Act does not deal with expressly, a court must restrict itself to doing only what the Act specifically authorises. It is not for the courts to use interpretation to guess at what the legislature intended, nor to consider any evidence outside of the Act itself.

 

 

 

 

 

 

 
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