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

Law of negligence not every error is negligence, Every person is having dif...

Every person is having different set of knowledge and skill with them which is different from other individual, this difference in skill and knowledge factor among various individu

Termination of an offer - revocation, Termination of an Offer - Revocation ...

Termination of an Offer - Revocation Such offer is "revoked" whether the offeror changes his thinking and withdraws it as for expressly or impliedly.  However to be valid suc

Usual business at an annual general meeting, Usual business at an annual ge...

Usual business at an annual general meeting: The registrar is not bound to call or direct the calling of the meeting but, in the event of his refusing to do so, the aggrieved

What are the main stages of money laundering, QUESTION1 Compare and con...

QUESTION1 Compare and contrast the Securities Act with the Insurance Act QUESTION 2 (a) What are the main stages of money laundering? (b) Explain the legal framework

Companys objects, Companys objects: A company's objects are stated pur...

Companys objects: A company's objects are stated pursuant to the provisions of an Act of Parliament. It must therefore be deduced, for example, that a company whose object has

What do you understand by contract administration, QUESTION (a) Define ...

QUESTION (a) Define the term 'contract' and explain the basic elements which constitute a valid and legally enforceable contract under the English Law (b) What do you unders

Common law rule - meetings and resolutions, Common law rule - meetings and ...

Common law rule - meetings and resolutions: The common law rule applies irrespective of whether the failure to give notice of the meeting was deliberate or unintentional.  How

What are the direct costs, 1. a.  Read this summary of a journal article ab...

1. a.  Read this summary of a journal article about education and the recent uprisings in the Middle b.    Model the decision whether to participate in a rally like our two peri

What are types of segments required for decision, What are types of segment...

What are types of segments required for decision? A judge’s decision is made up of two segments, which are given below: a. Obiter dicta: Things said through the way on

Declaration and payment, Declaration and Payment: There is no provisio...

Declaration and Payment: There is no provision in the Act dealing with payment of dividends. It is therefore governed by the provisions of the company's articles, failing whic

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