ExpertMedium2 marksMultiple Choice
ACCA · Question 02 · Corporate and Business Law
In the context of statutory interpretation, what is the 'mischief rule'?
In the context of statutory interpretation, what is the 'mischief rule'?
Answer options:
A.
A rule that gives words their plain, ordinary, and literal meaning.
B.
A rule that avoids an absurd result produced by the literal rule.
C.
A rule that interprets a statute to suppress the defect in the common law that the statute was designed to remedy.
D.
A rule that relies strictly on Hansard to determine parliamentary intent.
How to approach this question
Identify the definition of the mischief rule from the three main rules of interpretation.
Full Answer
C.A rule that interprets a statute to suppress the defect in the common law that the statute was designed to remedy.✓ Correct
The mischief rule allows judges to look at the common law prior to the Act to discover what gap or 'mischief' the Act was intended to cover, and interpret the Act to suppress that mischief.
Common mistakes
Confusing the mischief rule with the golden rule.
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