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

Explain the term- sustainability, Explain the term- Sustainability One ...

Explain the term- Sustainability One of the major problems identified for international policy coordination is whether the agreed outcome is sustainable. As can be seen from th

Rule in turquands case, Rule in Turquands case: This statement can be ...

Rule in Turquands case: This statement can be reduced to two propositions which constitute what is compositely known as "the rule in Turquand's case", namely:; i. A person

Explain the first kind of treaty, Explain the first kind of treaty Und...

Explain the first kind of treaty Under international law, treaties primarily serve three separate purposes, though any one treaty may perform more than one function. The first

restraint of trade clause, a) Explain two scenarios in which a restraint o...

a) Explain two scenarios in which a restraint of trade clause would typically be used. b) Suppose your employer wanted to include a restraint of trade clause in your employment

Explain the law of treaties, LAW OF TREATIES Treaties are an important ...

LAW OF TREATIES Treaties are an important and major source of international law. It is a convenient way by which the States deliberately  enter into agreements with other State

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

Purchaser assert, a) Under these facts, what claim could Purchaser assert i...

a) Under these facts, what claim could Purchaser assert if she begin a lawsuit?  State the name of the claim only.   b)   What would Purchaser argue is her basis for such cla

What is meant by ratio decidendi, Question: (a) Explian the various sta...

Question: (a) Explian the various stages that a Bill must go through before it becomes enforceable as a Law in Mauritius. (c) Mr. Vijay is the tenant of a house situated at

Civil remedies by a copyright owner, QUESTION 1 (a) List down the remed...

QUESTION 1 (a) List down the remedies that are available for breach of contract (b) Elaborate on two of them QUESTION 2 What are the duties of seller and buyer under

What is expansionary bias, What is Expansionary Bias The domestic count...

What is Expansionary Bias The domestic country's bliss point (B) is now below the 45 degree line and the foreign country's bliss point (B 1 ) above the 45 degree line. With sep

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