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GLOBAL
CORPORATE AND
BUSINESS LAW
CHAPTER – 1
Essential elements of legal
systems
RULES OF
INTERPRETATION
• LITERAL RULE
• GOLDEN RULE
• MISCHIEF RULE
• PURPOSIVE RULE
• EIUSDEM GENERIS
This Photo by Unknown author is licensed under CC BY-SA-NC.
MISCHIEF RULE
• The Mischief Rule is a
certain rule that judges can apply
in statutory interpretation in
order to discover Parliament’s
intention.
• The literal and golden
rules are concerned with finding out
what Parliament SAID.The mischief rule
is applied to find
out what Parliament MEANT.
MISCHIEF RULE
• It looks for the
wrong: the 'mischief' which the statuteis
trying to correct. The statute is then inter
preted in light of this.
• The rule is based on the Heydon's Case
[1584] -
VERY OLD!!... in which certain steps
were identified as a way of interpretation.
Gorris v Scott (1874)
Facts: The Contagious Diseases
(Animals) Act 1869 provided that
any ship carrying animals should
contain them in pens. The
defendant neglected his duty, and
some of the claimant’s sheep were
washed overboard and lost.
Held: Since the purpose of the
statute was to prevent the spread
of contagious disease, and not to
guard against the danger of the
property being washed overboard,
the claim failed.
THANK YOU

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Mischief rule of interpretation

  • 1. GLOBAL CORPORATE AND BUSINESS LAW CHAPTER – 1 Essential elements of legal systems
  • 2. RULES OF INTERPRETATION • LITERAL RULE • GOLDEN RULE • MISCHIEF RULE • PURPOSIVE RULE • EIUSDEM GENERIS This Photo by Unknown author is licensed under CC BY-SA-NC.
  • 3. MISCHIEF RULE • The Mischief Rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament’s intention. • The literal and golden rules are concerned with finding out what Parliament SAID.The mischief rule is applied to find out what Parliament MEANT.
  • 4. MISCHIEF RULE • It looks for the wrong: the 'mischief' which the statuteis trying to correct. The statute is then inter preted in light of this. • The rule is based on the Heydon's Case [1584] - VERY OLD!!... in which certain steps were identified as a way of interpretation.
  • 5.
  • 6.
  • 7.
  • 8. Gorris v Scott (1874) Facts: The Contagious Diseases (Animals) Act 1869 provided that any ship carrying animals should contain them in pens. The defendant neglected his duty, and some of the claimant’s sheep were washed overboard and lost. Held: Since the purpose of the statute was to prevent the spread of contagious disease, and not to guard against the danger of the property being washed overboard, the claim failed.