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

Determine the kinds of advocacy tactics, Determine the kinds of advocacy ta...

Determine the kinds of advocacy tactics The kinds of advocacy tactics employed by policy entrepreneurs in setting agendas and generating support for their proposals may often

Contracts illegal at the common law, Contracts illegal at the common law ...

Contracts illegal at the common law However a contract which is prohibited through the common law is frequently described as being as "contrary to public policy" as i.e. the c

Explain importance of jurisdiction, Explain importance of Jurisdiction ...

Explain importance of Jurisdiction Jurisdiction is  an  important  and  extensive concept  referred  to  and  used  very  frequently in international law. It provides clear n

Suggested actions for addressing phoenix activity, Q. Suggested actions for...

Q. Suggested actions for addressing phoenix activity? The following actions are suggested for addressing phoenix activity. Those that have been suggested are the actions that:

Super Parrot Food, Ask q‘Super Parrot Food’ Our own unique blend of parrot ...

Ask q‘Super Parrot Food’ Our own unique blend of parrot food containing the best quality ingredients lovingly prepared by us. Tim, the proprietor of ‘Pets on Parade’, a competing

Explain important part in the international law, Explain important part in ...

Explain important part in the international law The Use of force is a controversial and complicated issue at international level. The United Nations (UN) Charter declared it un

Remedies of the ultra vires lender, Remedies of the Ultra Vires Lender: ...

Remedies of the Ultra Vires Lender:                          In Sinclair v Brougham (26) the House of Lords explained that no action or suit lies at law or in equity to recove

Statutory provisions, Statutory Provisions:  i) Definition of "Prospec...

Statutory Provisions:  i) Definition of "Prospectus" A prospectus is defined by S.2 as "any prospectus, notice, circular, advertisement or other invitation offering to the

Constitutional law, Write one term paper (20 to 25 typed pages of actual te...

Write one term paper (20 to 25 typed pages of actual text). **The paper must be on a word, phrase, or clause within the U.S. Constitution. Ex. Establishment Clause, Free Exercise

Case study:employment law, Jonathan has been in the continuous employment o...

Jonathan has been in the continuous employment of Dockland cleaning and laundry Co. Ltd since 1st August 2000. He is also a member and secretary of the Cleaning and Laundry Workers

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