mischief rule cases

Question 1

Haydon’s Case

Answer 1

1: What was the common law before the stature was made? 2: What was the mischief for which the common law did not provide 3: What was the remedy the parliament resolved? 4: Why was the act needed?

Question 2

Smith V Hughes

Answer 2

Case law fixed a gap in the act

Question 3

Eastbourne BC v Stirling

Answer 3

a taxi driver was available to hire from a taxi rank so not “plying for hire in the street without a licence to do so”. Example of the mischief rule.

Question 4

Royal College of Nursing V DHSS

Answer 4

Case law fixed gap in the act