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4 Cards in this Set
- Front
- Back
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Mischief Rule |
Looks to fill the gap that Parliament intended to fill with the act. Spirit if law must be considered to deliver the verdict. It is the recognition of the mischief. |
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Haydon's Case 1584 |
1) What was the common law when the act was passed? 2) What was the mischief the act was trying to remedy? 3) What was the remedy? 4) What was the reason for the remedy? |
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Advantages to Mischief Rule |
- Gives effect to Parliaments wishes- Smith v Hughes (Street Offences Act 1959) - Common sense - Saves Parliament having to pass an amended act - Fills the gaps- Lord Denning in St Mellons v Newport - Considers social and technological changes- Royal Collage of Nursing v DHSS (Abortion Act 1967) |
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Disadvantages to Mischief Rule |
- Finding the intention of Parliament can be hard- Pepper v Hart - Intention can be argued to be easily seen -Royal College of Nursing v DHSS - Undemocratic as unelected judges have too much power - Uncertainty as meaning can be changed- Stock v Frank Jones |
