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

Regulations regarding electricity, REGULATIONS REGARDING ELECTRICITY : You...

REGULATIONS REGARDING ELECTRICITY : You are aware that electricity is the most common and convenient source of power. You know that carelessness in handling or maintenance of elec

Theoretical foundations of international policy coordination, Theoretical f...

Theoretical foundations of international policy coordination Policy process more from a domestic perspective. If a country is small one can assume away any spillover effects th

Contract of employment has been terminated, QUESTION (a) Tom is 15 ½ an...

QUESTION (a) Tom is 15 ½ and he has not eaten for three days because his parents did not have any money to buy food when he approached Mr. Taylor for a job in his factory and t

Reservation of name, Reservation of Name:                             ...

Reservation of Name:                             To obviate the risk of choosing a name that ultimately turns out to be undesirable, the promoters should enquire from the regi

Statutory task force on phoenix activity, Q. Statutory task force on phoeni...

Q. Statutory task force on phoenix activity ? A long term option could be the establishment of a statutory task force on phoenix activity. This could be supported by all the re

#title., What is hire purchase?

What is hire purchase?

Application of the unwritten sources, APPLICATION OF THE UNWRITTEN SOURCES ...

APPLICATION OF THE UNWRITTEN SOURCES OF ENGLAND LAW: Conversely it is a rule of England Law that unwritten laws are to be applied subject to the provisions' that any applicabl

The position in uk with the capital maintenance doctrine, QUESTION 1 Th...

QUESTION 1 The Bank of Mauritius has got various objects. It has therefore got various functions and powers in order to achieve the attainment of its objects. Discuss QUEST

Legal differences between a custodian and managing trustee, QUESTION 1 ...

QUESTION 1 Discuss the possible defences available to a trustee in proceedings for breach of trust QUESTION 2 Consider the legal differences between a custodian and a m

What is udhr, What is UDHR UDHR is therefore, considered as a source of...

What is UDHR UDHR is therefore, considered as a source of international law relating to human rights. Apart from UNGA-responsible for issuing resolutions, the decisions of the

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