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Simple English definitions for legal terms
Baron Parke's rule
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A quick definition of Baron Parke's rule:
Baron Parke's rule, also known as the golden rule, is a principle used by courts when interpreting written laws. It means that the court should follow the normal meaning of the words in the law, unless doing so would lead to something that is clearly ridiculous or unfair. If the literal meaning of the law would lead to a bad outcome, the court can interpret the law in a different way to avoid that outcome. This is done to make sure that the law is fair and makes sense.
A more thorough explanation:
Baron Parke's rule, also known as the golden rule, is a principle used in interpreting written documents and statutes. It states that a court should follow the ordinary meaning of the words used in the document, unless doing so would lead to an absurd or unjust result. In such cases, the court should interpret the document in a way that avoids such a result.
For example, let's say there is a law that states "all vehicles must be parked on the right side of the road." If a person parked their car on the left side of the road to avoid a pothole, the literal interpretation of the law would mean they violated it. However, applying Baron Parke's rule, the court could interpret the law to mean that vehicles should be parked on the right side of the road unless it is unsafe to do so, thus avoiding an absurd result.
Another example could be a contract that states "the seller will deliver the goods on Monday." If Monday is a public holiday, the literal interpretation would mean the seller is not obligated to deliver the goods. However, applying Baron Parke's rule, the court could interpret the contract to mean that the seller will deliver the goods on the next business day, thus avoiding an unjust result.