Fichas
The Mischief Rule
Fichas del conjunto (4)
- 1The Mischief RuleAllows Judges to look at the gap in the law that Act was used to fill. Then interprets the Act to fill that gap and remedy the mischief that Parliament had tried to stop.
Judges consider 4 factors:
What was the old rule before the act was passed?
What was the defect?
What was Parliaments intention?
Act to be interpreted accordingly - 2Smith v HughesThe words 'soliciting in the street' were held to include soliciting from a window in a house.
Court said that the aim of the Act was to allow people to walking along the streets without being solicited, and was interpreted to cover this situation. - 3Royal College of NursingCourt had to consider words of Abortion Act.
HL looked at the mischief that Parliament was aiming to redress - illegal 'backstreet abortions' and decided that nurses supervising as part of the procedure were not unlawful. - 4Elliot v GreyCar was parked outside house without insurance; it had broken down months before. Owner was convicted of using car without valid insurance.
Judge said the mischief was the protection of third parties, so 'use' should be taken to mean 'to have use of'.
Información
- Descripción
- AS - Level (Unit 1 - Statutory Interpretation) Law Fichas sobre The Mischief Rule, creado por Claudia Goodyear el 04/04/2016.
- Creado por
- Claudia Goodyear
- Visitas
- 0
- Valoración