Already have an account? Get multiple benefits of using own account!
Login in your account..!
Remember me
Don't have an account? Create your account in less than a minutes,
Forgot password? how can I recover my password now!
Enter right registered email to receive password!
Mischief rule:
"Four things are to be considered and discussed:;
(i) First is 'what was the common law earlier than the making of the Act?'
(ii) is 'what was the mischief and defect for that the common law did not offer'
(iii) is 'what remedy has Parliament appointed resolved to cure the disease?'
(iv) and forth is 'what is the true reason for the remedy?' Judges shall.... make such construction as shall suppress the advance and the remedy".
However a statute will only be construed in signify with this rule whether its construction in accordance relates to the literal rule would fail to suppress or the mischief or punish. There an example like a case of SMITH v HUGHES whether it was held that a prostitute who attracted the consideration of passers from a balcony window above the street had solicited in a street within Section 1(1) of the English Street Offences Act, 1959. Therefore the judge stated as follows: as;
"I approach the issue through considering like as what is the mischief aimed at through this Act. Everybody knows that this was an Act intended to clean up the streets then to enable people to walk along the streets without being molested or solicited through common prostitutes".
However viewed into way that the actual place from whether a prostitute attracted the attention of somebody walking in the street did not matter as well as she will be deemed to have solicited in the street.
Legal justification - Constructive notice: The legal justification for this rule is that since the company's public documents in its file at the Companies Registry are availab
Decode the Code Problem Description Smugglers are becoming very smart day by day. Now they have developed a new technique of sending their messages from one smuggler to another. In
QUESTION 1 Give an account of the distinct methods according to which information can be collected for policy analysis QUESTION 2 "Policy Evaluation marks the final sta
Powers: The ultra vires doctrine limits a company's powers to the attainment of the company's objects under its memorandum of association. Partnerships are not affected by t
Types and Classification of Law: Rules of law may be classified as like;: For Written For National and International For Public and Private For Substantive
What is hire purchase?
Accuracy of the managers certificate: Was it the duty of the auditors to test the accuracy of the manager's certificate by a comparison of the figures in the books, and were t
Matters and Reports: The matters and reports to be stated in a prospectus may be summarised as follows: 1. The Matters The matters to be stated in a prospectus are:
Explain about the codified systems. Codified (civil law) systems: It is a rule based approach to law making and it is designed to give a comprehensive code of laws for th
Managing Director: In Ellis v Bailey and Company (East Africa) Limited (76) it was stated that "without specific authority in the articles directors may not appoint one of the
Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!
whatsapp: +91-977-207-8620
Phone: +91-977-207-8620
Email: [email protected]
All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd