Advantages of the Mischief Rule

Question 1

What are the advantages of the mischief rule?

Answer 1

• Promotes the purpose of the law.
• More likely to produce a ‘just’ result.
• Judges try to interpret the law in the way that Parliament meant it to work.

Question 2

How does the mischief rule promote the purpose of the law?

Answer 2

• Allows judges to look back at the gap in the law which the Act was designed to cover.
• The emphasis is on making sure that the gap on the law is filled.