ExpertMedium2 marksMultiple Choice
Essential elements of the legal systemEssential elements of the legal systemStatutory interpretation
ACCA · Question 01 · Essential elements of the legal system
Section A
In the context of the English legal system, which of the following statements accurately describes the operation of the 'mischief rule' of statutory interpretation?
Section A
In the context of the English legal system, which of the following statements accurately describes the operation of the 'mischief rule' of statutory interpretation?
Answer options:
A.
It requires words to be given their ordinary dictionary meaning, even if it leads to an absurd result.
B.
It permits judges to alter the wording of a statute to avoid a result that is contrary to public policy.
C.
It allows the court to look at the common law position before the Act was passed to determine the defect the statute was intended to remedy.
D.
It restricts interpretation to the specific context of the words immediately surrounding the ambiguous term.
How to approach this question
Recall the three main rules of statutory interpretation: literal, golden, and mischief. The mischief rule specifically looks at the historical context and the 'defect' Parliament aimed to cure.
Full Answer
C.It allows the court to look at the common law position before the Act was passed to determine the defect the statute was intended to remedy.✓ Correct
The mischief rule is applied to determine what the law was before the statute was passed, what the 'mischief' or defect was that the previous law did not cover, and what remedy Parliament intended to provide.
Common mistakes
Confusing the mischief rule with the golden rule or the purposive approach.
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