Statement 1: ‘The duty of the court is to ascertain what was meant by the language used and to give effect to the legislative intent as expressed in the language. It is the text of the enactment which is the law and it is regarded as important both that the law should be certain and that it should be ascertainable by the citizen.’
Statement 2: ‘When a defect in a legislation appears a judge cannot simply fold his hands and blame the draftsman. He must set to work on the constructive task of finding the intention of legislators, and he must do this not only from the language of the statute, but also from consideration of the social conditions which gave rise to it, and of the mischief which it was passed to remedy, and then he must supplement the written word so as to give “force and life” to the intention of the legislature.’
To what extent could you reconcile these two statements? Elaborate engaging with relevant case law.
Question 2 (25 marks) (word limit: 500 words)
Oliver wants to buy a textbook, Commercial Law, from a book website, Best-Buy-Books Ltd, which is based in UK. On 1 June, He searches by the book name and the webpage shows that the Commercial Law is ‘in stock’ and the price stated is HK$498.
Oliver clicks the ‘Buy’ bottom provided right next to the information of the book and follows all the steps by providing his email address, postal address and bank details for payment, then clicks the
Within a moment, Oliver gets an email sent from Best-Buy-Books containing the following message: Thank you for shopping with us! Your order number is BBB-8888. Your order will be dispatched from our warehouse soon, and we will let you know once it’s one its way to you. After making the order, Oliver continues browsing the Best-Buy-Books web, and he discovers that there is the secondhand Commercial Law for sale, with only 20% of the original price.
Oliver immediately writes an email to the customer service, which he finds on the web, informing them that he would cancel his order which was made 10 minutes ago and would order the secondhand version. There is no response within 1 June. On 4 June, Oliver
gets the second email from Best-Buy-Books, notifying him that the book (order number: BBB-8888) is winging its way to him and will arrive in 7 days. Oliver refuses to take the book, insisting that he has cancelled the order and the valid order should be the one for the secondhand version. Best-Buy-Books refuses to refund.