Evaluating Mischief rule Flashcards

(2 cards)

1
Q

1 Advantage of the Mischief rule ?

A

Promotes the purpose of the Law as it allows the judges to look back at the gap in the Law

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2
Q

3 Disadvantages of the Mischief rule ?

A
  1. Risk of judicial law making
  2. Mischief rule may lead to uncertainty
  3. Mischief rule isn’t as wide as the purposive
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