Mischief rule
- Created by: courteney7815
- Created on: 07-01-17 14:51
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- The mischief rule
- Under this rule the court looks at the gap in the law which parliament had felt necessary to fill when passing the Act. They then interpret the Act to remedy the mischief parliament had been aiming to remedy
- Heydons case said the court should look at four things when attempting to interpret a statutory provision
- 1. what is the true reason for the remedy
- What was the defect or mischief for which the common law didn't provide a remedy
- What remedy does the Act attempt to provide so as to cure the defect
- What was the common law before the act was passed?
- Smith V hughes. The street offences Act 1959 made it an offence for a "common prostitute to solicit or loiter in the street or public place" 6 women were charged after they were found calling to men from the open downstairs windows and balconies of a private building. They were guilty because parliament wanted to solve the mischief for the passers by
- Royal college of nursing V DHSS. The abortion Act 1967 said an abortion was only legally carried out if done by a registered medical practitioner such as a surgeon. By 1972 it was common for the first stage to be carried out by a nurse under the supervision of a surgeon. Royal College of nursing was sued in an attempt to enforce the wording of the act. They were found not guilty as the Act was to ensure safe abortions which nurses could do
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