Mischief rule, Business Law and Ethics

Assignment Help:

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.


Related Discussions:- Mischief rule

Committee of inspection - winding up, Committee of Inspection:        ...

Committee of Inspection:                                       A committee of inspection is appointed in a compulsory liquidation and in a creditors' voluntary liquidation. It

What is cyber crime?, Question 1 Explain the sections 167 and 172 of the I...

Question 1 Explain the sections 167 and 172 of the Indian penal code Question 2 Write a note on the Cyber Regulations Appellate Tribunal Question 3 Write a note on Digit

Who is liable to income tax?, QUESTION 1 Discuss the legal relationship...

QUESTION 1 Discuss the legal relationship between a bank and its customer with reference to the responsibilities of the parties towards each other QUESTION 2 (a) Examin

Special crossing - crossing on a cheque, Special Crossing - Crossing on a C...

Special Crossing - Crossing on a Cheque Although S.76 (2) with such provides like "whether a cheque bears across its face an addition of, such the name like of a banker, whether

Determine the role of policy entrepreneurs, Determine the role of Policy en...

Determine the role of Policy entrepreneurs These couplings are made, Kingdon argues that policy "entrepreneurs" brokers or middlemen, known as Policy entrepreneurs, play a key

State article 16 of international law, State Article 16 of international la...

State Article 16 of international law Article 16, states that a newly independent State is not bound to maintain in force, or to become a party to, any treaty by reason only of

Which was the first global treaty, Which was the first global treaty T...

Which was the first global treaty The IAEA was the first global treaty regulating and facilitating the trade of nuclear technology through its provisions. Within the framework

Types of general meeting - meetings and resolutions, Types of General Meeti...

Types of General Meeting: The Statutory Meeting           By section 130 every public company limited by shares and every public company limited by guarantee and having a

Explain law making treaties, Explain Law making treaties Law making tre...

Explain Law making treaties Law making treaties are those treaties which come into existence because of lack of customary laws related to a particular issue and in order to mak

The law making process of primary legislation in mauritius, QUESTION 1 ...

QUESTION 1 Interpreting legislation is a very important function of the Court. However, Judges must only have recourse to the intention of parliament while interpreting legisla

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

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!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd