by taintedfeather » 27 May 10, 8:42 am
IMHO, the purposive approach to statutory interpretation seems highly appropriate to use here in that the purpose behind the entry rule:
was to keep the competition fair so that everyone has the same chance of winning with only their skill determining if they were better.
Not that I disagree with your central argument, but I don't think the purposive approach is the correct approach to use in this case. It would be better to use the literal approach i.e.
7. Subject to other limitations set out in these terms and conditions, to enter and be eligible to win, eligible entrants must: Create your very own Blur power-up. You can write about it, create a new logo, make an animation - whatever you want. It must be posted in the comment section of this post.As the rules clearly state "Blur power-
up" and "You can write about
it" it indicates that you must give a singular response, not a plural one since it doesn't state "power ups" or "write about them." If you use the purposive approach, a lawyer could argue in trial the definition of "entry" and state that it was a single entry, and just because his client had greater capacity to create more than one power up in his (singular) entry, he should be able eligible to compete. This is why the purposive approach fails sometimes, but then again, this is more about contract law than statutory interpretation.
Since one party did not fulfill their share of the contract to the written terms, the contract is void, and the party becomes ineligible.