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.
A team of players from a Singapore-based university was planning a trip to Cameron Highlands, where an exhibition on the history of tea, the process of growing, harvesting and proc
Implied Conditions and Warranties - Sales and Goods Whether section 8 of the Act implies that the next terms in every hire purchase agreement like: a) Right to sell: whethe
Possessory Lien Possessory Lien right of a party in possession about anothers goods to retain like the m as security about an obligation owned as in the owner. Therefore the
Explain the Law of the Sea Convention 1982 The Law of the Sea Convention 1982 did not create a new area of law, as laws governing the sea date back to the dawn of maritime his
Question: You are the manager of a restaurant and receive a letter from a customer complaining about the quality of service and the rudeness of one member of your staff. You ha
Humble, a local high school student, wished to buy a moped. He intended to use it to get to and from school which was 3kms away. He also had a part-time job involving some travelli
Ben sold clothes at a market stall on weekends for a number of years. Two years ago business was very poor and Ben was forced to cease trading. Ben sold all of his remaining stock
Law of Contract: Mr.Sakr who owns a factory in Baabda for manufacturing furniture, signed a contract in his factory in 12-7-2009 with Mr.Abdo who used to import woods from Bra
Question 1 What are the rights and duties of an agent? Question 2 (a) What is the significance of the passing of property i) where the contract is an agreement to se
Law and Morality: Since morality contain of prescriptions of the society and is not enforceable, hence rules of law are enforceable. However wrongs in society are contraventi
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