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The Mischief Rule
The Mischief Rule
If there are two interpretations possible for the material words of a statute,then for sure and true interpretation there are certain considerations inthe form of questions. The following questions must b considered. 1. What was the common law before making the Act? 2. What was the mischief and defect for which the common law didnot provide a remedy? 3. W h a t i s t h e r e m e d y r e s o l v e d b y t h e p a r l i a m e n t t o c u r e t h e disease of the common wealth? 4. The true reason of the remedy. The judge should always try to suppress the mischief and advance theremedy. The mischief rule says that the intent of the legislature behindthe enactment should be followed.
CHAPTER 2 - INTERNAL AID OF INTERPRETATION INTRODUCTION Statute generally means the law or the Act of the legislature authority. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. If the words are clear, free from.