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

Court of appeal - establishment and composition, Court of Appeal - Establis...

Court of Appeal - Establishment and Composition Establishment Therefore the Court of Appeal was established on date 28th October in year 1977 through Section 64(1) of t

Liquidators powers, Liquidators' Powers:                              ...

Liquidators' Powers:                                       The liquidator (in any type of liquidation) has numerous statutory powers but in the exercise of some of them he mus

Explain the elements necessary for formation of a contract, Question 1: ...

Question 1: List out and explain the elements necessary for the formation of a contract. Question 2: What are the advantages and disadvantages of choosing a company ov

Define the outer boundaries of policy choice, Define the outer boundaries o...

Define the outer boundaries of policy choice The agenda proper tends to be set by political forces and actors located outside of the researcher/analyst community. Elected polit

Objection to a variation of class rights, Objection to a variation of class...

Objection to a variation of class rights: The company proposed to reduce its share capital by repayment of the 5% 1 pound Cumulative Preference Shares (which were entitled to

What is the unclos 1982, The UNCLOS 1982 The UNCLOS 1982 does not stop ...

The UNCLOS 1982 The UNCLOS 1982 does not stop at gauging the limits of the territory of coastal states. Other features of the Convention include the right of transit of landloc

State about the median voter theorem, State about the Median Voter Theorem ...

State about the Median Voter Theorem Percentage of vote necessary for a proposal to be adopted, remember Median Voter Theorem, will affect the difficult of adopting a proposal,

Explain the conflicts involved in decision making, Question 1 Consider you...

Question 1 Consider you are the manager of a banking organisation. You find negligence Question 2 Explain the conflicts involved in decision making Question 3 Consider a

Registered office clause, Registered Office Clause:                   ...

Registered Office Clause:                          Section 5(1) (b) provides that the memorandum of association shall state that "the registered office of the company is to be

Duties of an advocate, Duties of an Advocate First is, Duty to th...

Duties of an Advocate First is, Duty to the Court Whether as an officer of court an advocate is bound to assist in administration of the justice.  Thus he must adv

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