ExpertMedium2 marksMultiple Choice
ACCA · Question 02 · Essential elements of the legal system
Section A
A statute regulating commercial drone flights was drafted in 2015. A new case involves a 'hybrid hover-car' that was not invented when the act was passed. The judge looks at the original problem the statute was trying to prevent (low-altitude privacy breaches) to apply the law to the hover-car. Which rule of statutory interpretation is the judge applying?
Section A
A statute regulating commercial drone flights was drafted in 2015. A new case involves a 'hybrid hover-car' that was not invented when the act was passed. The judge looks at the original problem the statute was trying to prevent (low-altitude privacy breaches) to apply the law to the hover-car. Which rule of statutory interpretation is the judge applying?
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 that specifically looks at the historical problem or 'defect' the statute was designed to fix.
Full Answer
C.The Mischief Rule✓ Correct
The Mischief Rule requires the court to look at what the law was before the statute was passed, identify the 'mischief' the statute was intended to cover, and interpret the statute in a way that suppresses the mischief.
Common mistakes
Confusing the Mischief Rule with the Purposive Approach. The Purposive Approach is broader and looks at the overall intention of Parliament, whereas the Mischief Rule specifically looks at the historical defect.
Practice the full ACCA LW — Corporate and Business Law Practice Exam 5
60 questions · hints · full answers · grading
More questions from this exam
Q01Section A
In the context of the English legal system, an AI ethics consultancy is appealing a de...MediumQ03Section A
Under the Human Rights Act 1998, what is the legal effect if a UK court finds that a p...MediumQ04Section A
NovaTech Ltd offers to sell a batch of quantum processors to Q-Compute Plc. Q-Compute ...MediumQ05Section A
During a severe economic downturn, a landlord agrees to accept half rent from a commer...HardQ06Section A
A software company licenses an AI algorithm to a hospital. The contract is silent on w...Medium