Literal rule is a statutory construction which dictates that the statute should be interpreted using the ordinary meaning

of the language of the statute unless the statute explicitly defines some of its terms otherwise. In other words, the law is to read word for word and not divert from its true meaning. In Whitely V Chappell the Court held that the defendant was not guilty since a dead person, in literal meaning is not entitled to vote.

Mischief rule of statutory interpretation is the oldest of the rules. Under the rule the Courts role is to suppress the mischief the Act is aimed at and advance the remedy. In Smith v Hughes (1960) the Court applied the mischief rule holding that the activities of the defendants were within the mischief the Act is aimed at though under the literal interpretation they would have been in a private place. The Golden rule of statutory interpretation allows the Judge to depart from the ordinary meaning of a word so as to avoid absurdity. The golden rule may be applied where the literal rule leads to absurdity. In R v Allen (1872) the court applied the golden rule and held that, the word marry should be interpreted as to go through the marriage ceremony. The defendants conviction was upheld.

Equity is a body of rules designed to bring about fairness and impartiality in the administration of justice. Equity simply means fair or just. Reasons: a. b. c. d. Equity was developed due to the rigidity of writs. Because of social and political situations in England in the 13th Century Because the common law followed the doctrine of precedence. Because of the strict application of the common law

Maxims: 1. Equality is equity: this is because equity seeks to bring equality in the administration of jusctice. Under the remedy, it brings about fairness. 2. Delay defeats equity: as a remedy, undue delay leads to injustice hence the essence of equity gets defeated. 3. He who comes to equity must do equity: NO one seeks justice without practicing justice. Anyone who wants fairness and justice must himself/herself be fair and just. 4. Equity does not act in personam but in rem: 5. He who seeks equity must do equity.

Question 2: Five ways in which a contract may be discharged: a. Frustration: when one party to the agreement fails to honour his/her part of the agreement leading to the frustration of the other party, the contract may be deemed as being discharged. b. Time lapse:

c. Breach d. Performance e. Agreement

Specific performance is an equitable remedy issued by a court to compel a person to complete an obligation in an agreement. In Sbaity v Samarishinge (1972), the court held that since she (the defendant) had enjoyed the benefits under the agreement she should complete the full agreement.

An injunction is an order issued by the court to compel a person to refrain from doing something to do something.

Five courts in Ghana: a. b. c. d. e. Supreme court Court of Appeal High Court Circuit court Juvenile court

Facts of the courts: a. Supreme court: a. Shall comprise of a chief justice and not less than nine other justices of the Supreme court b. Shall be duly constituted for its work by not less than five justices of the supreme court. c. It is the highest court of authority. d. It shall not be bound to follow the decisions of any other court but shall be bound by its own decisions.

b. Court of Appeal a. Shall comprise of a Chief justice, not less than ten justices of the Court of Appeal and any other justice the Chief Justice may request in writing to sit in the Court of appeal. b. Shall have the jurisdiction to hear appeals from judgements of circuit courts in civil cause or matters in which jurisdiction is conferred on it per the constitution. c. Shall have the jurisdiction to hear appeals from any person aggrieved by the judgments of circuit courts in a civil cause or matter may appeal to the court of Appeal against such judgments. d. Shall be bound by its previous decisions and other courts except the supreme court shall be bound to follow the decisions of the Court of Appeal in questions of the law. c. High Court a. Shall comprise of a Chief Justice, not less than twenty justices of the High Court and any other justice the chief justice may request in writing to act as the High Court Judge for any period. b. Shall have jurisdiction in all matters c. Kk d. Kk d. Circuit Court a. Shall comprise of a chief justice