Already have an account? Get multiple benefits of using own account!
Login in your account..!
Remember me
Don't have an account? Create your account in less than a minutes,
Forgot password? how can I recover my password now!
Enter right registered email to receive password!
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.
The Doctrine of 'Ultra Vires': The doctrine of ultra vires is a legal rule that was articulated by the House of Lords in the case of Ashbury Rail, Car
Question 1: The Ministry of Agro Industry & Fisheries has come up with a new Fisheries and Marine Resources Act to provide a coherent legal and institutional framework with a v
Ben sold clothes at a market stall on weekends for a number of years. Two years ago business was very poor and Ben was forced to cease trading. Ben sold all of his remaining stock
Registration Procedures: The procedures to be followed by persons who intend to form a registered company will depend on whether the proposed company is to be a public company
Discuss about the three streams There come times, however, when these three streams are joined. An event in the political stream, such as a change in administration, calls for
Mr Zamora was apparently worried. Not everything was going his way. It was already 6.00 p.m. and his car had broken down. He had to travel to the Mexico City airport to leave fo
Question 1: Discuss the legal relationship between a bank and its customer with reference to the responsibilities of the parties towards each other. Question 2: This qu
Explain the Law of the Sea Convention 1982 The Law of the Sea Convention 1982 did not create a new area of law, as laws governing the sea date back to the dawn of maritime his
Managing Director: In Ellis v Bailey and Company (East Africa) Limited (76) it was stated that "without specific authority in the articles directors may not appoint one of the
QUESTION 1 Barclays Bank in Mauritius has interviewed various candidates for the post of Chief Executive Officer. Its HR department has requested you to provide them with some
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!
whatsapp: +91-977-207-8620
Phone: +91-977-207-8620
Email: [email protected]
All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd