Ao3 Mischief Rule

Question 1

Flexible
(Advantages)

Answer 1

Judges are able to avoid injustice and absurdity and correct errors that arise from the more literal approaches.
This is fair as they can apply common sense to law and make fairer /accurate decisions.

Question 2

Consistent and saves time
(Advantage)

Answer 2

Clear guidance for applying this approach under Heydon’s case.
Creates certainty and judges are able to overcome errors by adding to the act. Parliament don’t need to re-legislate.

Question 3

Limited due to the purposive approach
(Disadvantage)

Answer 3

The rule is less appropriate today due to the introduction of the purposive approach.
Purposive approach is not limited only to reform statues and goes further in looking for the intention of Parliament.

Question 4

Judges are reluctant to use
(Disadvantage)

Answer 4

Some judges prefer the use of other rules so they can’t be accused of judical law making.
In the royal college of nursing case there was 3-2 majority decision showing judges don’t always agree on when to use the rule.