ExpertMedium2 marksMultiple Choice
ACCA · Question 03 · Syllabus A: Essential elements of the legal system
When interpreting statutes, which rule allows a judge to consider the original common law defect that the statute was intended to remedy?
When interpreting statutes, which rule allows a judge to consider the original common law defect that the statute was intended to remedy?
Answer options:
A.
The Literal Rule
B.
The Golden Rule
C.
The Mischief Rule
D.
The Purposive Approach
How to approach this question
Identify the rule of statutory interpretation that looks backward at the historical context of the law.
Full Answer
C.The Mischief Rule✓ Correct
The Mischief Rule allows judges to examine the common law prior to the Act to determine the defect or 'mischief' that Parliament intended to remedy, and then interpret the statute in a way that suppresses the mischief and advances the remedy.
Common mistakes
Confusing the Mischief Rule with the Purposive Approach.
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