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.
INTERNATIONAL TRADE LAWS The laws controlling and regulating International trade have become one of the fastest growing areas of international law. International trade laws conce
Question: (a) Suspected Illegal, Unreported & Unregulated (IUU) Vessels calling into Mauritius Port are subject to a series of investigations, prior to authorizing unloading
Registration: Whether the aforesaid documents are correctly prepared in accordance with the provisions of the Companies Act they are registered, the registrar grant
It was late at night and very wet and, rather than wait for a taxi to take her home, Anna was only to happy to accept a lift from Michael. He smelt strongly of alcohol and had trou
Determine the expansionary monetary policy The possible spillover effects associated with expansionary monetary policy. In particular with fixed exchange rates expansionary mon
Chartered Companies: A chartered company is formed when the Queen or King of England issues a charter, or "letters patent", to a group of people who intend to carry on a busin
Determine the Case against Coordination Coming again to EMU platform we find some arguments against coordination also. For example, the core of the argument against coordinatio
Provision of Fiduciary Duties - company management: This provision is supplemented by Article 84 of Table A which provides that- i. The director shall not vote in respect
(a) How will you plan to establish your own business? (b) What are the merits and demerits in owning a business? (c) What are the aspects you have to think in establishing an
Common law rules: The above common law rules have been modified by the following statutory provisions: VOID ALLOTMENTS a) S.50 A renders an allotment void if it was mad
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