Mischief would be from the case of

Mischief would be from the case of

Mischief rule- We would see that this would be a narrower application that the golden rule or the plain meaning rule, in that meaning it can only be used to interpret a statute and, strictly speaking, only when a statute was passed to remedy a defect in the common law. It would also look at the gap in the previous law and would put a meaning on the words to advance the remedy.

It would also give a judge more discretion than the golden and literal rule. An example of this would be from the case of the Smith v Hughes case where the supreme court would apply the mischief rule holding that the activities of the defendants were within the mischief act showing that it would be aimed at a literal interpretation as they would be in a private place. From the case we would see that the judges would have to use another meaning to the case to be able to interpret what Smith did.

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