ExpertEasy1 markMultiple Choice
ACCA · Question 27 · Corporate and Business Law
Which rule of statutory interpretation allows a judge to look at the common law before the Act was passed to discover the defect the statute was intended to cure?
Which rule of statutory interpretation allows a judge to look at the common law before the Act was passed to discover the defect the statute was intended to cure?
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 specific rule of interpretation that focuses on the historical defect in the law.
Full Answer
C.The Mischief Rule✓ Correct
The Mischief Rule (from Heydon's Case 1584) allows the court to look at what the law was before the statute was passed in order to discover what gap or 'mischief' the statute was intended to cover, and then interpret the statute to suppress the mischief.
Common mistakes
Confusing the Mischief Rule with the broader Purposive Approach.
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