The question (12 marks)
Discuss the mischief rule with relevant cases. Explain what the rule requires a court to do, when it may be used, what is said against it, and how it has grown into the modern purposive approach. (12 marks)
MU Module I, mischief rule and purposive construction; pack ch. 01.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · The Primary Rules: Literal, Golden and Mischief of Interpretation of Statutes.
Authorities you will need
- Heydon's Case (1584), reported by Lord Coke
- Bengal Immunity Company Limited v. State of Bihar, per Das Actg. C.J.
- Smith v. Hughes (1960) 1 W.L.R. 830, per Lord Parker C.J.
- Commissioner of Income Tax v. Smt. Sodra Devi
- R.M.D. Chamarbaugwalla v. Union of India
- Utkal Contractors & Joinery (P) Ltd. v. State of Orissa
- Bowers v. Gloucester Corporation (1963) 1 Q.B. 883
- Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama
- RBI v. Peerless General Finance and Investment Co. Ltd.
- Avtar Singh v. State of Punjab
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.