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Review Your SQE 1 Practice Records

Examination Timing: 00H01M23S

In order to progress a case before the court, the correct interpretation of a section in a statute is required, and the judge considers his options under the rules of statutory interpretation. He decides to use the mischief rule. Which of the following best describes how the judge will use the mischief rule in interpreting the statute?

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The mischief rule is a principle of statutory interpretation that allows a judge to look beyond the literal meaning of the words in a statute to determine the "mischief" or defect in the common law that the statute was intended to remedy. By considering the defect in common law, the judge can interpret the statute in a way that best addresses the issue that Parliament sought to correct. This approach aims to give effect to the legislative intent and ensures that the statute effectively resolves the problem it was designed to address.


Key Point: The mischief rule directs judges to identify and remedy the specific issue or defect in the common law that prompted the enactment of the statute. This interpretative method focuses on the purpose and intent behind the legislation, ensuring that the statute is applied in a manner that achieves its intended effect.

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