The mischief rule

Overview

Heydon's Case and its four questions, applied in Smith v Hughes, Royal College of Nursing, Elliott v Grey, Corkery v Carpenter and DPP v Bull, with the objection that a 1584 test fits a modern statute badly.

What you need to know

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Questions from this subtopic

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1. 1

   State the mischief rule.

   Model answer

   The mischief rule looks at the gap in the law the Act was passed to remedy. The court then interprets the words in the way that suppresses the mischief and advances the remedy.

2. 2

   Which case laid down the mischief rule?

   Model answer

   Heydon's Case (1584) laid down the mischief rule. The Barons of the Exchequer set out four questions for a court to consider.

3. 3

   State the four questions from Heydon's Case (1584).

   Model answer

   The court asks what the common law was before the Act and what mischief the common law did not remedy. The court then asks what remedy Parliament provided and what the true reason for that remedy was.

4. 4

   What did Smith v Hughes [1960] decide?

   Model answer

   Smith v Hughes [1960] held that women soliciting from balconies and windows were soliciting in a street. The mischief behind the Street Offences Act 1959 was the harassment of people walking in the street.

5. 5

   What did Royal College of Nursing v DHSS [1981] decide?

   Model answer

   Royal College of Nursing v DHSS [1981] held that nurses carrying out part of a medical abortion were protected. The Abortion Act 1967 was aimed at the mischief of unsafe back street abortion.

6. 6

   What did Elliott v Grey [1960] decide?

   Model answer

   Elliott v Grey [1960] held that a car jacked up on a road was still used on a road. The battery had been removed, but the mischief was the risk to other road users.

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