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

Characteristics of unincorporated associations, Characteristics of Unincorp...

Characteristics of Unincorporated Associations However these are associations of persons that who associate to promote a common and lawful purpose.  Thus now they have no lega

Adequacy of consideration - law of contract, Adequacy of consideration - La...

Adequacy of consideration - Law of Contract Well provided that consideration is sufficient, or actual it necessitate not be adequate.  Hence the court will not compare the val

Liability - company secretary, Liability:             The secretary is...

Liability:             The secretary is an officer of the company and thus he owes fiduciary duties to the company which are similar to those of a director, eg. he must act in

What are the functions of the employment relations tribunal, Question 1: ...

Question 1: (a) Describe Trade Union. (b) What are the objectives, roles and functions of Trade Union? (c) "Trade Union contributes regularly to the up growth

What are the possible causes of employee grievances, QUESTION 1 What ar...

QUESTION 1 What are the role, powers, functions, aims and objectives of Trade Unions in maintaining a sound and harmonious relations? QUESTION 2 (a) What are the possib

State the principle of absolute immunity, Explain the principle of absolute...

Explain the principle of absolute immunity The absolute immunity principle gradually eroded and restrictive immunity approach was followed. However, many developing countries r

Gist of lord buckleys statement, Gist of Lord Buckleys statement: The ...

Gist of Lord Buckleys statement: The gist of Lord Buckley's statement, above, may be summarised as follows: The judges will not regard a transaction undertaken by a company as

When is an employer vicariously liable, When is an employer vicariously lia...

When is an employer vicariously liable? An employer is vicariously liable when: a. When Employer authorised. b. When unauthorised procedure utilized when executing an aut

Arbitration, Arbitration However this is a dispute resolution mechanis...

Arbitration However this is a dispute resolution mechanism whereas disputes are settled out of the court through arbitral tribunals or arbitrators that who make arbitral words

Advantages of arbitration, Advantages of Arbitration (a) First is, Sp...

Advantages of Arbitration (a) First is, Speed : It is a faster scheme of dispute resolution (b) Second is, Convenient : Parties are free for determine as; Th

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