Friday, August 23, 2019

Law for Non-Lawyers Essay Example | Topics and Well Written Essays - 2000 words - 2

Law for Non-Lawyers - Essay Example one hundred individuals are present on land for exclusively social purposes during the occurrence of which alcohol consumption is likely to be expected. In accordance with Section 1 (2) of the Act, the organizer of such a gathering must obtain permission from a local magistrate to host the event unless he/she is an exempt person for in this case the authorization of a local magistrate would not be required. Section 1 (3) states that an exempt person can be categorized as an individual who is the occupier of the land, a member of the occupier’s family and his/her agent or employee. The scenario which led to Tom’s arrest under the Prohibition of Unsolicited Parties (Fictitious) Act 2010 is described as follows: the defendant, Tom who is employed as a sales assistant at an electrical superstore was requested by Sally who is a manageress at the same store to keep an eye on her property, a 5-acre smallholding during the time frame that she was in Spain on a holiday. Accordingly, Tom arranged to invite some of his friends to celebrate his 21st birthday celebrations on Sally’s property that housed a small barn. However, an error led to the email being sent to all contacts on Tom’s address book as a consequence of which more than 600 people attended the party. The presence of hundreds of guests on the land prompted the owner of the neighboring farm led to inform the police about excessive noise that subsequently led to Tom’s arrest under the Prohibition of Unsolicited Parties (Fictitious) Act 2010. Referring to the question of statutory interpretation that is conducted by judges to declare whether the defendant has committed an offence or not, Tom’s case poses certain questions that need to be addressed and analyzed in the light the principles and rules of statutory interpretation. These aspects of concern and their significance to the case is as follows: 1) How many people did Tom intend to invite to this particular social gathering? Section 1 (1) of the

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