8 mark Mischief rule Flashcards
1
Q
Where did the mischief rule originate from?
A
Heydon’s case
2
Q
What four things are to be discussed and considered with the mischief rule?
A
What was the common law before?
What was the mischief the common law didn’t provide?
What remedy have the parliament appointed?
What is the true reason for the remedy?
3
Q
What other rule is the mischief law similar to?
A
The purposive approach
4
Q
What makes the mischief rule and purposive approach different?
A
Requires identification of a problem or mischief before it can be used.
5
Q
What does the mischief rule use?
A
Extrinsic aids
6
Q
Why does the mischief rule use extrinsic aids?
A
To help discern the intention of Parliament and/or the mischief
that preceded the Act
7
Q
What cases can be used?
A
Hughes
Grey
DHSS
