1) What was the common law before the act was passed? 2) What was the mischief the act was designed to remedy? 3) What was the remedy that parliament was trying to provide? 4) What was the reason for the remedy?
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Describe how the mischief rule was used in Smith v Hughes
, The Street Offences Act 1959 made it an offence to solicit in a street or public. Hughes solicited men from her balcony and window, she argued she was not in the street or public. But the courts held that the mischief not covered in the common law
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Describe house the mischief rule was used in RCN v DHSS
In Royal College of Nursing v DHSS, the Abortion Act 1967 stated abortions must only be carried out by “registered medical practitioners” ie doctors. Nurses assisted in abortions by carrying out drip feeding drugs as part of their medical inductions.
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What is the Mischief rule?
is when the court looks at the gap or ‘mischief’ in the law that Parliament had felt it necessary to fill by passing the Act. It then interprets the Act to fill that gap Parliament had been aiming to remedy.
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Advantages of the Mischief rule
Application of the mischief rule avoids absurd and unjust outcomes that might result from the application of the literal rule.
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Other cards in this set
Card 2
Front
Describe how the mischief rule was used in Smith v Hughes
Back
, The Street Offences Act 1959 made it an offence to solicit in a street or public. Hughes solicited men from her balcony and window, she argued she was not in the street or public. But the courts held that the mischief not covered in the common law
Card 3
Front
Describe house the mischief rule was used in RCN v DHSS
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