Disadvantages of the Mischief Rule

Question 1

What are the disadvantages of the Mischief rule?

Answer 1

• A risk of judicial law making.
• May lead to uncertainty in the law.
• Limited to looking back at the gap in the old law.

Question 2

How does using the mischief rule lead to uncertainty in the law?

Answer 2

• Impossible to know when judges will use it and what result it might lead to.
• This makes it difficult for lawyers to advise clients on the law and result of their case.

Question 3

What does the mischief rule’s limited look back at the gap in the old law mean it cannot be used for?

Answer 3

It cannot be used for a more general consideration of the purpose of the law.