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Mischief Rule / Heydon Rule / Beneficial Construction: Dr. Mukti Jaiswal Amity Law School Amity University Rajasthan

The document discusses the mischief rule and Heydon's case, which provide guidance for statutory interpretation. The mischief rule aims to cure defects in the law and advance remedies by considering the purpose of legislation over ordinary word meanings. Heydon's case establishes four factors courts must consider: (1) common law before the act, (2) mischief the common law failed to address, (3) remedy the legislature appointed, and (4) reason for the remedy. Courts must interpret language in legislation to suppress mischief and advance the remedy according to legislative intent.

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458 views5 pages

Mischief Rule / Heydon Rule / Beneficial Construction: Dr. Mukti Jaiswal Amity Law School Amity University Rajasthan

The document discusses the mischief rule and Heydon's case, which provide guidance for statutory interpretation. The mischief rule aims to cure defects in the law and advance remedies by considering the purpose of legislation over ordinary word meanings. Heydon's case establishes four factors courts must consider: (1) common law before the act, (2) mischief the common law failed to address, (3) remedy the legislature appointed, and (4) reason for the remedy. Courts must interpret language in legislation to suppress mischief and advance the remedy according to legislative intent.

Uploaded by

Sahida Parveen
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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MISCHIEF RULE / HEYDON RULE /

BENEFICIAL CONSTRUCTION

DR. MUKTI JAISWAL


AMITY LAW SCHOOL
AMITY UNIVERSITY RAJASTHAN
MISCHIEF RULE
• Mischief –
Words has more than one meaning
Words used are ambiguous
Language is incomplete
Etc…..
E.g. – A drunken person who is incharge of a ‘carriage’ on the
highway could be arrested without warrant.
CARRIAGE – CYCLE
• Aims to cure/ supress the defects of law and advance the remedy.
HEYDON CASE (1584)
Lord Coke describe the process through which the Court must
interpret the legislation –
For the sure and true interpretation of all statutes in
general (be they penal or beneficial, restrictive or enlarging
the common law), four things are to be considered:
1. What was the common law before the making of the Act?
2. What was the mischief and defect for which the common
law did not provide?
3. What remedy the Legislature had resolved and appointed
to cure the disease of the common-wealth? &
4. The true reason of the remedy; and then the office
of all the judges is always to make such construction as
shall supress the mischief, and advance the remedy,
and to supress subtle inventions and evasions for
continuance of the mischief, and to add force & life to
the cure and remedy, according to the true intention of
the legislator, as well as pro bono publico.
Court Must Decide -
• Court must not see the ordinary meaning of the word if it
does not fulfills the purpose of legislation.
eg – carriage
More EXTENDED MEANING may be attributed to those words.
• Phraselogy of the Act should be interpreted in LARGER SENSE
eg – If any person does something, he will be liable for
that.

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