GLOSSARY

Mischief rule definition

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What does Mischief rule mean?

The mischief rule is of oldest of the rules is interpretation. In that rechtssache of ambiguity in that wording of a statute, this becomes find difficult to use either the literal or golden rules. In that your, it will open to the trial to applies the mischief rule. Formulated in 1584, this rule enables the court to look to the rationale of the legislation to interpret the ambiguity.

The courts suppose that the underlying reason why Parliament legislated is extra important longer to words, and so person adopt a more purposive approach to interpretation, ie few goals to oppress the mischief which the statute is seeks to redress and forward the appropriate remedy. When applying the mischen rule, the courts will consider the law prior to which tax stylish question, the defect in that legislation, the remedy which Parliament introduced, and the goal behind that remedy.

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