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

What is the meaning of inertia of expectation, What is the meaning of Inert...

What is the meaning of Inertia of Expectation We now move a bit away from the political economy of policy process to look into the inherent currents responsible for inaction an

Offer and iit , difference b/w offer and ITT AND PAKISTANI CASES OF AUCTION...

difference b/w offer and ITT AND PAKISTANI CASES OF AUCTION ,ADVERTISMENT,TENDERS AND DISPLAY OF GOODS?

Statutory corporation and chartered corporation, Statutory Corporation a...

Statutory Corporation and Chartered Corporation Statutory Corporation However this is created through an Act of Parliament and comes in existence from the date of c

International competition law, Select a specific industry or corporation an...

Select a specific industry or corporation and analyse the factors that determine a competitive or anticompetitive outcome;    - Factors such as profit motives interacting with the

Paralegal, Is there a demand for paralegals in the blackbelt area of alabam...

Is there a demand for paralegals in the blackbelt area of alabama

Describe in detail about the european monetary union, Describe in detail ab...

Describe in detail about the European Monetary Union The experimental lab for international policy coordination has been the European Union where monetary unification of member

Explain the concept of territory, Explain the concept of TERRITORY Stat...

Explain the concept of TERRITORY State is the most important subject of international law. It can be defined as a population, living in a definite territory that has government

Statute law, STATUTE LAW: There this is an Act of Parliament.  Whether...

STATUTE LAW: There this is an Act of Parliament.  Whether this is law made through parliament directly in exercise of legislative power conferred upon it through the constitut

Partnership agreement - voidable contracts, Partnership Agreement - Voidabl...

Partnership Agreement - Voidable Contracts Conversely an infant is bound at common law through a partnership agreement although he is free to repudiate it at all time during i

Rights and duties justice and fairness, please explain these topic to me in...

please explain these topic to me in detail as soon as possible so that i can make my assignment accordingly

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