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

Owning of property, Owning of Property:                       Under Ac...

Owning of Property:                       Under Act of a registered company, as a person, has power to own movable and immovable property. It can actually do so if it can affo

Court, why is it important for a lawyer to address the victim

why is it important for a lawyer to address the victim

Functions of law, Functions of Law: we discuss like, how can be utiliz...

Functions of Law: we discuss like, how can be utilized Functions of Law:;- are (i)         For Rules of law facilitate administration of justice.  It is an instrument used

Ratified - pre-incorporation contract, Ratified - pre-incorporation contrac...

Ratified - pre-incorporation contract: If the agreement is a written one and it shows that the proposed company was the contracting party the promoters will not be allowed to

Characterisation of the legislation, Your task is to examine and analyse th...

Your task is to examine and analyse the article by Shae McCrystal The Fair Work Act 2009 (Cth) and the Right to Strike. (2009) (December) Vol 23 Australian Journal of Labour Law

Explain the role of ethics in entrepreneurship, 1. Explain the role of ‘Eth...

1. Explain the role of ‘Ethics' in Entrepreneurship. 2. What do you understand by ‘Public Limited Company'? 3. Difference between ‘Intrapreneur' & ‘Intrepreneur'. 4. What is ‘Copyr

Name the types of state immunity, Name the Types of  state  immunity ...

Name the Types of  state  immunity The state  immunity  is  categorized  into  two:  A) Absolute  immunity   B) Restrictive immunity.

Create a poster, Create a Poster The summative assessment for the modu...

Create a Poster The summative assessment for the module is a poster session. The poster must take a theoretical perspective, supported by appropriate applied examples The p

Recognition of disputes, Recognition of disputes Recognition of dispute...

Recognition of disputes Recognition of disputes relates to a State not recognizing a certain dispute. However, if the whole world acknowledges a certain dispute then it is nece

Companys debts, Companys debts: In case a company is unable to pay its...

Companys debts: In case a company is unable to pay its debts the creditors, or a creditor, may petition the High Court for an order to wind it up. During the winding up the me

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