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2 results

  • THE UNEXPLORED CONTRACT AND INSOLVENCY LAW DIMENSIONS OF HEDLEY BYRNE V HELLER

  • David Campbell, David Milman
  • Journal:
    The Cambridge Law Journal / Volume 82 / Issue 1 / March 2023
    Published online by Cambridge University Press:
    26 April 2023, pp. 58-82
    Print publication:
    March 2023
    • Article
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  • It has been argued in previous work that Hedley Byrne v Heller addressed no actual mischief. In the case itself, the defendant's credit reference about Easipower Ltd. was neither a misstatement nor negligently given, and in general the indemnification of reliance on negligent statements is far better regulated by contract than it can possibly be by negligent misstatement. This paper expands on the significance of contract relative to tort in Hedley Byrne, but mainly argues that the mischief perceived by the claimant was caused by the operation of the statutory regime regulating Easipower's insolvency. This makes regarding Hedley Byrne as a necessary response to “the privity of contract fallacy” even more implausible.

  • 6 - Text-based interpretation

  • from Part II - The framework of statutory interpretation
  • Jeffrey Barnes, La Trobe University, Victoria, Jacinta Dharmananda, University of Western Australia, Perth, Eamonn Moran
  • Book:
    Modern Statutory Interpretation
    Published online:
    05 January 2023
    Print publication:
    10 January 2023, pp 72-82

  • Summary

    [6.1] Statutory interpretation is to be ‘text-based’. ‘The text’ here refers to the words whose meaning or effect is in issue. Rooted in constitutional principles, consideration of the text is the starting point of the interpretative process. The text supplies the basis for ascertaining the ordinary or grammatical meaning and similar meanings. In turn, that supplies a presumptive and weighty meaning. After having been read in context, the text is also the ending point of the interpretative process. It is where meaning is ultimately held to ‘reside’. But, for an interpreter, the text is not limiting in the sense that he or she must choose between its grammatical or semantic possibilities, read in isolation. The paramount object remains to give effect to the intention of Parliament.