Mischief Rule Flashcards
1
Q
What is the mischief rule?
A
Applies where the act before the court reformed a previous piece of law.
2
Q
Heydon Case 1584
A
- Common law / statue before making the Act.
- Mischief and defect that common law / statue did not provide.
- Identify remedy parliament tried to provide.
- Interpret the Act.
3
Q
Features
A
Give the effect of parliament intention.
Law commission states - “A rather more satisfactory approach”
4
Q
Smith V Hughes
A
Street Offences Act 1959 - illegal to solicit on the street.
A prostitute was soliciting passers by from a window.
Guilty as she was still causing mischief of harassing members of public.
5
Q
Royal College of Nursing V DHSS
A
Abortion Act 1967 - registered medical practitioners (doctors) should terminate pregnancy.
The mischief Parliament was trying to get rid of was illegal abortion.
Nurse can now legally perform abortions.
