Mischief rule
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mischief rule

1.

Where a later Act has been implemented with the objective of curing a defect in the law, and there is an ambiguity in the apparent application of the Act, the mischief rule applies to impute the intention of Parliament to be that it intended to address the defect or mischief for which the Act was passed.

Usage: The mischief rule may be applied by courts to resolve ambiguities in the intention of parliament in the interpretation of Acts passed by it

Related Words: legislation; statutory interpretation; expressio unius; in pari material; golden rule; literal rule; instrument; in pari materia; pro bono publico; expressio unius.



 

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