Mischief rule Definition

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GLOSSARY

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What does Mischief rule mean?

The mischief rule is the oldest of the rules of interpretation. In the case of ambiguity in the wording of a statute, it becomes more difficult to use either the literal or golden rules. In that situation, it is open to the courts to apply the mischief rule. Formulated in 1584, this rule enables the court to look to the rationale of the legislation to interpret the ambiguity.

The courts assume that the underlying reason why Parliament legislated is more important than the words, and so they adopt a more purposive approach to interpretation, ie they aim to suppress the mischief which the statute is seeking to redress and advance the appropriate remedy. When applying the mischief rule, the courts will consider the law prior to the legislation in question, the defect in that legislation, the remedy which Parliament introduced, and the purpose behind that remedy.

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