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Mischief rule definition. Copyright © 2024 LexisNexis. Published by a LexisNexis Commercial expert. What does Mischief rule mean? The mischief rule is the oldest of the rules of interpretation. In the case of ambiguity in the wording of a statute, it becomes more difficult to use either the literal or golden rules.
The Mischief Rule allows courts to consider the historical background of the statute and evaluate its purpose and intent. This rule allows judges to determine the true intention of the legislature and apply the law in a manner consistent with that intention.
The mischief rule is of narrower application than the golden rule or the plain meaning rule, in that it can only be used to interpret a statute and, strictly speaking, only when the statute was passed to remedy a defect in the common law.
An overview of the mischief rule of statutory interpretation with case summaries and a consideration of its advantages and disadvantages.
Mar 1, 2024 · Definition. The Mischief Rule, also known as the Heydon's Case Rule, originated from the landmark English case of Heydon's Case (1584). This rule directs courts to interpret statutes by identifying the mischief or defect that the statute aimed to address and to interpret the law in a manner that suppresses the mischief and advances the remedy. b.
Introduction. This chapter looks at: cases illustrating the different rules of statutory interpretation: the literal rule, the golden rule and the mischief rule; the purposive approach to statutory interpretation and the. . limits to this approach; when the courts will make direct reference to Hansard. .
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Apr 17, 2024 · Mischief refers to the act of wrongdoing or causing harm to someone or something. It encompasses actions that may require legal intervention or actions that need to be rectified. For instance, breaking a window or damaging a building is considered mischief. It can also pertain to the harm or damage caused by a particular individual or object.
