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

Describe the kind of organisation, Question: (a) Describe the kind of ...

Question: (a) Describe the kind of organisation that you would be willing to work for as a Professional. (b) As a practicing Professional, what body of knowledge, skills

Directors powers, Directors Powers: Equity regards directors as holdin...

Directors Powers: Equity regards directors as holding their powers on trust for the company. They can only exercise those powers for the benefit of the company, otherwise the

Explain the nationality of criminal jurisdiction, Nationality of criminal j...

Nationality of criminal jurisdiction Nationality is the legal concept which provides a link between a State and persons living within that State. It determines the rights and o

Demonstrate of mintzbergs roles of management, Question: Joe is the reg...

Question: Joe is the regional manager of a multinational company operating in your country. This business manufactures toys for children and sells them in several other countri

Transactions arising in a liquidation, Transactions Arising In A Liquidatio...

Transactions Arising In A Liquidation: In collection in and realisation of assets in order to pay the company's debts and then to distribute any surplus to members the liquida

When was international criminal court for rwanda established, When was Inte...

When was International Criminal Court for Rwanda established Moreover, in early 1990s the International Criminal Tribunal for Yugoslavia (ICTY) was established under UNSC Resol

Case of bussiness law and ethics, Betty and Veronica always fell in lo...

Betty and Veronica always fell in love with the same men. Veronica got very jealous of Betty for stealing Archie away from her and decided to start sending her anonymous

Lanuzzi v. Phillip Morris_IRAC, Mrs. Lanuzzi began smoking in 1951 when she...

Mrs. Lanuzzi began smoking in 1951 when she was fifteen. She smoked two packs a day until her death from lung cancer in 1984. She had tried several times, unsuccessfully, to quit.

Express and implied terms of contract, Express and Implied terms of contrac...

Express and Implied terms of contract Express terms However the terms of a contract are said to like "express terms" whether the parties themselves adverted to them on

Legal status - promotion, Legal Status:  A promoter is not an agent o...

Legal Status:  A promoter is not an agent of the company he promotes.  However, the English courts have held that he stands in a fiduciary relationship to the company he promo

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